PSC 2302 Lecture Notes - Lecture 9: Isdn User Part
8 Oct 2016
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Inter- when commerce crosses states line then it is in congress sphere. In the 20th century congress is defined very broadly, Instruments and persons: all the things involved in commercial exchange, trucking, people involved. Activities: most contemporary cases try to resolve the question as to what is a commercial activity, current approach to commerce: gonzales v raich- how the court changed. Issue: congress law (csa) conflicts with state medical marijuana law: conflict. State of california passed a law legalizing marijuana. Place limitations on the amount of exchange on certain crops to grow/ trade. If congress is going to regulate these things it must be commercial activity: congress wins but the case is not enforced. Issue: state says congress is forcing them to make this change and is violating their policy law. So issue is it a coercion or incentive: sc says when allocating budget, they can place restriction of receiving funds.
