Thomas Gibbons, another steamboat operator, competed with Aaron Ogden on this same route but held a federal coasting license issued by an act of Congress. Ogden filed a complaint in New York court to stop Gibbons from operating his boats, claiming that the monopoly granted by New York was legal even though he operated on shared, interstate waters. Gibbons disagreed arguing that the U.S. Constitution gave Congress the sole power over interstate commerce. After losing twice in New York courts, Gibbons appealed the case to the Supreme Court. The Supreme Court determined that the commerce clause of the Constitution grants the federal government the power to determine how interstate commerce is conducted.
Basic Principles of the War Powers By Louis Fisher Article Review Abstract The article by Louis Fisher entitled Basic Principles of the War Powers examines the history and established regulation of war declaration under Article I of the United States Constitution. The framers of the Constitution of the United States specified that the executive power of war would be transferred to Congress as a measure to prevent the establishment of a monarchy form of government. After World War II, the power of Congress to grant war powers to the President has appeared circumvented because of conflicts in Korea and Vietnam without specific approval from Congress. The article by Louis Fisher outlines the power vested in Congress to grant war
The Federal Trade Commission Act created the Federal Trade Commission to enforce the current laws and most specifically the Clayton Act. The FTC has the power to order a cease and desist against a corporation deemed to be participating in unfair practices. The Celler-Kefauver act was passed in 1950 to prohibit companies from acquiring physical assets versus actual stock of a company that would cause reduced competition. It was essentially used to close a loophole in the Clayton Act that was allowing businesses to use asset acquisition as a means to get around the Clayton Act. B.
The commerce clause refers to Article I, Section 8, Clause 3 of the United States Constitution. This section of the Constitution gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes (Cornell University Law School, n.d.).” This has been used in past court cases when states attempts enact statutes that burdens interstate commerce. The courts will evaluate if the other 49 states have any regulations on their truck hitches. How much it will cost the truckers to make change to these new truck hitches. The courts would also look into what the burden would be on the truckers to switch the hitches at the border of Confusion and what the burden would be for the truckers to have to avoid Confusion all
State of Confusion should be filed in the Federal District Court. This case should take place in a Federal Court because the decree generates an impermissible trouble on interstate commerce. According to USlegal.com Interstate commerce refers to the acquisition, retailing or trade of merchandise, shipping of public, funds or merchandise, and routing of waters among diverse circumstances. Interstate business is regulated by the national administration as endorsed in Article I of the U.S. Constitution. The federal government can also control exchange in a situation when it has an effect on interstate progress of supplies and provisions and may strike down state proceedings which are obstacles to such movements (2012).
Hamilton argued that since congress has been given so many monetary and fiscal powers it would be practical to create a central bank to carry them out (3). Johnson also recognizes the fact that people feared the power the central bank would have. He states in the book that farmers, businessmen, politicians and state-chartered banks viewed the bank as a giant monster standing in their way. Johnson looks at another important figure in the controversy of the central bank. He looks at Henry Clay, who was Jackson’s opponent in the 1832 election.
Book banning has a long and detailed history in the United States. According to Donald Downs and Martin Sweet, two writers for encyclopedia.com, “Book banning has existed in America since colonial times, when legislatures and royal governors enacted laws against blasphemy and seditious libel”. A major cause of Book banning in the 1800’s was a man by the name of Anthony Comstock. “In 1873, using slogans such as ‘Morals, not art and literature,’ he convinced Congress to pass a law, thereafter known as the ‘Comstock Law,’ banning the mailing of materials found to be ‘lewd, indecent, filthy or obscene’” (Mullally). Comstock is the sole cause of the confiscation of over 100 tons of mail, and the prosecution of thousands of people.
Congress reiterated in Section 3(c)(1)(D)(ii) of FIFRA that EPA should make administrative decisions about how much money these manufacturers would get for damages from loss of their trade secrets. Union Carbide sued because they felt that the decisions should be made by the judicial court, not an administrative agency. The U.S. District Court for the Southern District of New York held that the claims challenging the arbitration provisions were ripe for decision and that those provisions violated Article III. Standing was approved for all appellants, who took a direct appeal to the U.S. Supreme Court. Facts: Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the "follow-on" and registrant has offered to compensate the original registrant for use of the data.
If not why not? The incorporation of the Bill of rights is the process by which American courts have applied portions of the United States Bill of rights to the States ( American goverment and politics today page 114) The second amendment is not incorporated because of precedent; also commented upon the use of selective incorporation doctrine. The seventh circuit wrote how the incorporation is hard to predict (fast.org). The seventh circuit stated that another theme stressed in the debate over incorporation is that the constitution establishes a federal republic where local differences are to be cherished as element of liberty rather than destroyed in order to produce a single nationally applicable rule. 434 words count
Because appointments to the House of Representatives and the distribution of taxes were determined by resident sizes and state population, proponents of slavery wanted to count slaves one for one. Opponents of slavery, on the other hand, did not want to count slaves at all. The issue was resolved with a compromise in 1787, at the Philadelphia Convention (Burnside, 1997). This compromise would be known as the Three-Fifths Compromise. This can be found in Article 1, Section 2, Paragraph 3, of the Constitution, which states: “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” Of course the reference to “other Persons” is referring to Black slaves.