The Commerce Clause has gone through a long and cyclical evolution since the Constitution was ratified, and it has provided the grounds for a classic check and balance relationship between Congress and the Supreme Court. At some points in history, Congress has been granted wide discretion in its use of the commerce power, while at others it has been “reined in” by the Court. In your view, is the current interpretation of the Commerce Clause an appropriate one? In answering, you may wish to consider the Founders’ original intent; the nature of societal changes since the adoption of the Constitution, the appropriate role of the federal and the state governments, the Court’s changing interpretation of the Clause, and the Court’s reasoning in the pertinent cases.

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The Commerce Clause has gone through a long and cyclical evolution since the Constitution was ratified, and it has provided the grounds for a classic check and balance relationship between Congress and the Supreme Court. At some points in history, Congress has been granted wide discretion in its use of the commerce power, while at others it has been “reined in” by the Court. In your view, is the current interpretation of the Commerce Clause an appropriate one? In answering, you may wish to consider the Founders’ original intent; the nature of societal changes since the adoption of the Constitution, the appropriate role of the federal and the state governments, the Court’s changing interpretation of the Clause, and the Court’s reasoning in the pertinent cases.

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Your email address will not be published. Required fields are marked *