The Interstate Commerce Clause

Paper Summary:

The Commerce Clause often referred to as the Interstate Commerce Clause was adopted into Article I, Section 8, of the United States Constitution in 1787. The writer discusses the Interstate Commerce Clause and looks at how the courts have interpreted it through time. This review focuses on the early legislature and court cases that helped shape the current interpretation of the Interstate Commerce Clause. The authority to engage in interstate commerce is discussed, as well as federalism in regards to commerce. Finally the direct shipment of alcohol is analyzed as it pertains to the regulatory aspect of the Commerce Clause and the federal code that accompanies it. The writer concludes that the Commerce Clause will continue to be interpreted differently by courts in the United States.

Outline:
Introduction
Discussion
Conclusion

From the Paper:

"Cook states that the most evident transportation under special privilege is transportation via railroad. This is because all railroads are run by corporations, therefore they need governmental authority. The author goes on to suggest there are four classes of special privilege. These classes include interference by state, whereas authority is derived from a state, by Congress whereas it is derived from a state, by a sate whereas authority is derived from Congress, and by Congress where it is derived from Congress. Out of these four classes it is only Interference by Congress, where authority is derived from Congress that it is clear that Congress can regulate transportation under conditions of special privilege. The other three classes at the time were yet to be made clear by the Supreme Court."

Sample of Sources Used:

• Cooke, Frederick H. (1911). The Source of Authority to Engage in Interstate Commerce. Harvard Law Review, 24, 635-646.
• Fellman, David. (1948). Federalism and the Commerce Clause, 1937-1947. The Journal of Politics, 10, 155-167.
• Shanker, Vijay. (1999). Alcohol Direct Shipment Laws, the Commerce Clause, and the Twenty-First Amendment. Virginia Law Review, 85, 353-383.

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