LAW 120 Chapter Notes - Chapter Commerce Clause : Civil Rights Act Of 1964, National Labor Relations Act, Commerce Clause
Document Summary
The commerce clause: commerce clause: article 1, section 8 a. i. Congress has the power to regulate commerce with foreign nations, and among the several states, and with the indian tribes. a. ii. Restrictive reading: congress can stop trade wars and create uniform trade laws/codes. a. iii. Gibbons v ogden: broad reading: things that bear on interpretation of the commerce clause b. i. By listing out (enumerating) certain powers of congress, it may imply that there are some powers that congress does not have. b. i. 2. State v. federal power- amendment x gives all powers not delegated to. Since gibbons v. ogden, economy has changed from local to spread out and connected, so commerce should be interpreted more broadly. Intention of framers was interpreted narrowly only because of localized economy at the time, but now with a connected economy, their intentions would still hold in a broader interpretation: five ways to look at the commerce clause c. i.