PSCI 3322 Lecture Notes - Lecture 10: Commerce Clause, Stagecoach, John Marshall

• School: UT-Dallas
• Department: Political Science
• Course: PSCI 3322
• Professor: Champagne Anthony

Document Summary

States with disposal sites can surcharge waste from other states. States can increase cost of access and eventually deny access to the sites. Constitutional--legitimate exercise of commerce and spending clauses. If states do not act, they must take title to the waste and become liable. This is not carrying out a congressional power. It is coercion, commandeering a state"s legislative process. The federal government cannot force the state to take title to something. They couldn"t force the state to act and they couldn"t force them to buy it. The federal government can encourage states, not coerce states. Article i, sec 8, pg 3 - commerce clause. Among means commerce not limited to state lines. Ny claims that their power to regulate only applies to the exact border, once they cross that the transaction is happening in ny and subject to ny laws. Ny also claimed that people are not commerce. Intra - within state