The Commerce Clause-Federalist No. 51

Page Count: 8
Length: 1899 Words

In looking at the Federalist No. 51 and Article I, Section 8, Clause 3 in the U.S. Constitution, we recognize immediately that there is a duality in American government. This duality encompasses the dilemma of states’ rights versus federal rights of the national government. Article I, Section 8, Clause 3 is also known as the “commerce clause”, a clause which permits Congress to “regulate Commerce with foreign nations, and among the several States, and with the Indian tribes” (Commerce 1). Yet, the Constitution is constantly open for interpretation by whichever group of judges presides over the nation’s highest court. In 1824 the Supreme Court found in Gibbons v. Ogden that a broad definition of interstate commerce was intended by the framers of the Constitution. Yet, this decision did allow for the federal government to exercise control over state commerce if the state was guilty of violating the dormant character of the Commerce Clause, “Where state legislation resembles regulation of interstate commerce, or is discriminatory in effect, the State may have violated the dormant nature of the Commerce Clause which by its mere presence in the Constitution grants exclusive power over regulation to Congress” (Commerce 1). Ever since this time the federal government has been at odds with itself and with the states regarding the regulation of interstate commerce.

During the years before Roosevelt’s New Deal, the Court controlle

Read the full essay by joining our writing community - over 32,000 professional essays and term papers. Access this essay now!

Category: Government - T

Some common topics found in the essays are:

Commerce Clause, Supreme Court, Secretary Energy, Brady Bill, Article Section, United Lopez, interstate commerce, United Darby, Wickard Filburn, Steel Corp, Dual Federalism, commerce clause, federal government, supreme court, york united, tenth amendment, court found, dual federalism, relation interstate commerce, relation interstate, congress regulate, regulation interstate commerce, supreme court found, united lopez decision, equates interstate commerce,

Click Here to Get Instant Access to over 32,000 Professionally Written Papers!!!