ANSWERS: 4
  • because congress has the right to regulate state commerce, for example: if texas decided it wanted to put teriffs on every item that was shipped from texas, congress could step in and say no
  • It is not limited. The commerce clause establishes one area in which the federal government has the power to regulate. The clause itself does not limit any power of the states. However, if Congress passes a law under its commerce clause power, and that law conflicts with a state law, the state law would then be preempted.
  • The Interstate Commerce Clause puts restrictions on states because it has been too broadly interpreted. This has given the federal government the ability regulate many aspects of our life that they should not be involved in. The Interstate Commerce Clause has been interpreted to allow the Fed to regulate anything that may have an influence on commerce between the states. For example, let us say that a farmer grows all of the feed that he gives to his animals. This farmer sells the products derived from his animals just to the people of his community via the local farmers' market. Assuming that his farm land is all contained within a single state, then one would expect that he would not fall under the Fed's authority to regulate, right? After all, he is not engaging in interstate commerce, right? So, he should fall under his state's authority only. Not so fast. Because he doesn't buy from feed from a potential supplier that might operate in a different state and because he is supplying products that his neighbors might otherwise have to buy from some out-of-state producer, this farmer IS affecting interstate commerce. So, the Fed DOES have the right to regulate him. Do you see how insidious the logic is? By this logic, just about anything can be determined to affect interstate commerce. Therefore, through this misinterpretation of the Interstate Commerce Clause the federal government can justify regulating just about any industry, thus take control away from the states.
  • Suggest you get copies of state laws (only 50) and read them!

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