Advantages Of The Commerce Clause

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The Commerce Clause is Article 1, Section 8, clause 3 of the US Constitution and it states that the Constitution empowers Congress “to regulate Commerce with Foreign nations, and among several states, and with Indian Tribes.” This clause gave Congress exclusive power over all trade activity. At the time of the creation of the clause, there was an intense rivalry among groups of states that had commercial advantages. Those advantages were the locations in proximity to major harbors and waterways. There were economic battles among the groups based on this disparity. Congress increased regulatory power with the growth and expansion of industry and the transportation of commerce. The term commerce at the time was defined as business and personal…show more content…
Filburn in 1942. This was a landmark case because it was based upon an American citizen who was producing a crop (wheat) for his own consumption for animals on his farm. Based on the New Deal, issued by President Franklin D Roosevelt, the Agricultural Act of 1938 was produced. This act provided increased Federal control on crop production as well as other things to stabilize the farming industry and crop prices. There were quotas set for crop production to stabilize crop prices, as a result of the legislation of the Agricultural Act. The Ohio farmer Roscoe Filburn grew an amount of wheat that exceeded the amount that was allowed based on the quotas from the Agricultural Act. He stated that he was growing the additional wheat for the animals on his farm and not to sell on the open market. Filburn was mandated to burn his excess crops and pay a fine as the law stated. It was also stated that he affected Interstate Commerce which was regulated federally. There was a Supreme Court ruling that ruled in the favor of Roscoe Filburn. The rationale was that if Roscoe Filburn did not produce his own wheat he would have had to purchase wheat on the open market. Roscoe v Filburn was one of the earlier cases that displayed the Federal government widening the interpretation of the Commerce Clause away from the initial intent of federal regulation for the intent of non-hindrance of interstate commerce. Another example is Philadelphia v. Jersey 1978. In 1978, Philadelphia and other cities moved waste into New Jersey. The initial law in 1974 stated that no one shall bring any waste, liquid or solid, from outside the state except garbage to be fed to swine. As a result states that had agreements with landfill operators were not allowed to use the landfill in New
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