Commerce Clause

Question 1

What power does Art I Section 8 of the constitution provide to the federal government?

Answer 1

Power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes

Question 2

What kind of power does Congress have in connection with interstate commerce and activities?

Answer 2

Congress has plenary power over interstate commerce and activities that have national economic effect (to the exclusion of state legislative power).

Question 3

What is an economic reason that Congress felt justified rewriting the Articles of Confederation?

Answer 3

The difficulties with interstate commerce was one of the reasons why the framers felt that the A of C needed to be rewritten?
As industrialization transformed a local-based system to an increasingly interdependent national economy, it became increasingly difficult for states to regulate industries.
Questions arose as to the extent to which Congress had authority over activities not really Interstate Commerce. The debates focused on the definition of “commerce” and “interstate.”

Question 4

What are the positive aspects of having state autonomy?

Answer 4

Experimentation; choice about where you want to live; national decision making not responsive to local needs

Question 5

What are the cons of having state autonomy?

Answer 5

Economic inefficiency without large state; less cultural difference