Commerce Clause- Congressional Powers

Commerce Clause- Congressional Powers

Part 1: Introduction

The commerce clause has been drafted for the purpose of giving the exclusive powers to Congress so that they can bring regulations in commerce with the foreign nations. This is considered to be a very simple and nonproblematic part of Commerce clause in comparison with others. The main reason is that this clause gives the power to Congress for implementing the regulation of commerce in different states. This clause has been fostered by the Supreme Court by giving the authority to Congress for the commerce actions. As per this clause, Congress has the complete authority of regulating the different objects and items moving in the interstate commerce (Richard, 1987). The paper is an analysis of different cases related to the Commerce clause of congressional powers and their analysis with the law.

Part 2: Discussion

The commerce clause of congressional power has been implemented by Supreme Court of United States in which the congress has been given the authority of managing the commerce transactions within the states (Myers, 1985). The different Supreme Court cases identify that the commerce clause has given the following authority to Congress:

Congress has the authority to bring regulations in the different channels of interstate commerce (Myers, 1985).

Congress has also given the authority of regulating the instrumentalities of interstate commerce.

Congress also has the authority for regulating things moving across the state lines (Myers, 1985).

The congress rights can be measured through the case Hammer v. Dagenhart in which Congress has passed an act for the prohibition of the transportation of interstate commerce of goods which are manufactured by the companies violating the restrictions on child labor (Hammer v. Dagenhart 247 U.S. 251, 38 S.Ct. 529, 62 L. Ed. 1101 (1918). As per this law of commerce, congress has the authority to regulate control within the channels of interstate commerce. For example, in the case of Champion v. Ames the Supreme Court has made the decision on the basis of commerce clause of congress power (Champion v. Ames (Lottery Case), 188 U.S. 321). The court has used the Federal Lottery act which has been passed by Congress for the purpose of restricting the trade of lottery tickets across the lines of the state.

As per this clause, Congress has the power and authority to impose regulations on any item and object which is moved in interstate commerce. In the case of Swift v. US, the court has decided to impose restrictions on the live stocks for slaughterhouses by using the commerce clause of congress power (SWIFT & CO. v. UNITED STATES - 367 U.S. 909 (1961)). Another case supporting the commerce clause and its implementation in the courts is the United States v. Darby case in which the court has used the Fair Labor Standards Act of 1938 (United States v. Darby Lumber Co., 312 U.S. 100, 61 S. Ct. 451, 85 L. Ed. 609 (1941)). Thus, these cases prove the implementation of the commerce clause of congressional power in the courts and the ...