"Substantial Effect” Commerce Clause Power Interactions
Frank’s
Fireworks in Southernstate sells fireworks which are priced lower than
the federally mandated prices. He can avoid being subject to the federal
pricing requirements because he purchases all the components of his fireworks
locally and only sells locally, and the federal law only covers fireworks
or fireworks components which are moved between states.. Because he undercuts
the competition, Frank has become the number one fireworks store in Southernstate,
and stores in surrounding states have begun to suffer. Recently Amazon.com
and Gateway Computers have decided to branch out and open fireworks stores
modeled after Frank’s store. Can anything be done to prevent Frank
and the others from side-stepping the fireworks legislation?
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Congress is
looking to put an end to domestic violence in this country. In a ground-breaking
move, Congress passes a bill which would permit victims of domestic violence
to file civil suits against their attackers for “destruction of
domestic peace.” Is the new law authorized by the Commerce Clause?
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Recently a
federally funded study of public schools determined that we were not,
as a nation, producing children who would optimize their earning potential.
The lost wages have been estimated to be well into the billions. The study
suggested that eliminating all current athletic programs nationwide and
establishing a mandatory hour of yoga for each student 3 times per week
would significantly increase students’ earning potentials. The study
itself is flawless and incontrovertible. Based on these findings, Congress
passes a bill which puts the recommendation into effect. When a parents;
coalition sues, the government defends citing the Commerce Clause. Will
the defense succeed?
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Following
extensive studies, Congress finds that the high-powered dryers used by
many hair salons emit harmful gases which exacerbate people’s allergies,
causing them to travel less frequently to certain areas of the country
where their increasingly-sensitive allergies are affected In response,
Congress passes a law under which every hair salon will be limited in
the amount of time they run their dryers any given month. Is this a valid
exercise of Commerce Clause power?
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America is
a nation of individuals in debt. In order to help consumers find their
way back to full solvency Congress passes the Debt-Free Consumer Act which,
among other things, makes it a criminal act to “extend credit in
an extortionary manner” (loansharking). Northernstate uses the federal
law to convict a local man commonly thought to be involved in organized
crime. Is this application of the federal law valid under the Commerce
Clause?
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