Commerce Clause Analytical Essay by Nicky

An analysis of the Commerce Clause and the powers it gives Congress.
# 150299 | 774 words | 3 sources | MLA | 2012 | US
Published on Jan 30, 2012 in Law (Constitution)


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Description:

The paper explores the powers of the Congress as stipulated by the U.S. Constitution, with emphasis on the Commerce Clause. Additionally, the paper analyzes the implied and the necessary and probable clause. The paper finds that the United States Congress operates in accordance with the rights granted to it within the U.S. Constitution.

Outline:
Introduction
Powers of the Congress
The Commerce Clause
Implied Powers, the Necessary and Proper Clause
Conclusions

From the Paper:

"The United States Constitution is at times ambiguous and leaves room for interpretation. This is the stage at which the implied powers of the Congress come into discussion and probably the most relevant example in this sense is given by the Commerce Clause, which, as shown in the previous section, implies the reduced ability of trade partner states to regulate the operations with the United States. The right to implied powers and the necessary and proper clause is written under the eighteenth paragraph of the eight section in the first article and states that the Congress has the right to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof" (Cornell University Law School). In this light of events, it becomes obvious that the United States Congress has the ability to implement the decisions it considers necessary within a given context. They will not make use of this right only in critical circumstances, but also when they feel that a new direction or a new action is likely to benefit the current endeavor. "The phrase is not limited to such measures as are absolutely necessary, but includes all appropriate means that are conducive to the end to be accomplished, and which in the judgment of Congress, will most advantageously effect it" (Answers, 2009)."

Sample of Sources Used:

  • 2009, Necessary and Proper Clause, Answers, http://www.answers.com/topic/necessary-and-proper-clause last accessed on August 12, 2009
  • Commerce Clause Limitations on State Regulation, University of Missouri-Kansas City School of Law, http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm last accessed on August 12, 2009
  • The Constitution of the United States of America, Cornell University Law School, http://www.law.cornell.edu/constitution/constitution.overview.html last accessed on August 12, 2009

Cite this Analytical Essay:

APA Format

Commerce Clause (2012, January 30) Retrieved March 31, 2020, from https://www.academon.com/analytical-essay/commerce-clause-150299/

MLA Format

"Commerce Clause" 30 January 2012. Web. 31 March. 2020. <https://www.academon.com/analytical-essay/commerce-clause-150299/>

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