Has the Court used the commerce clause in any innovative ways to pass legislation?
How does the Commerce Clause limit what Congress can do? Explain.
Are you aware of any cases in which the initial boundaries of the Commerce clause have been stretched?
Are there any interesting and what we could consider "landmark cases" that involve the Commerce clause?
Is the Commerce clause about limiting existing rules or for making new rules? Explain with an example.
Consider using findlaw as a search tool to find case law-be sure to cite the case only and not the mechanism by which it was delivered to you-
CLASSMATE'S POST
The Commerce Clause of the United States Constitution provides that the Congress have the power over commerce with foreign nations, and among the several states, including the authority to pursue legislative reforms addressing a wide range of matters.
Congress can regulate a local activity if its purpose comports with its delegated power to regulate commerce and the regulation is plainly adapted to its interstate commerce purpose, (Rutkow & Vernick, 2011).
For example, the case of Gonzales v. Raich, the United States Court of Appeals for the Ninth Circuit considered a challenge to the Controlled Substances Act. The claim was that enforcing the federal Controlled Substances Act (CSA) against them would violate the Commerce Clause and other constitutional provisions.
Congress' held that the Commerce Clause authority includes the power to prohibit the local cultivation and federal regulation of locally grown and consumed marijuana, otherwise legal under state law, Gonzales v. Raich, (2005).
Rutkow, L., & Vernick, J. S. ( 2011, Sep-Oct ). The U.S. Constitution's Commerce Clause, the Supreme Court, and Public Health.
Gonzales v. Raich, 545 U.S. 1 (2005)