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Commercial Clause and its Effect on Business - Essay Example

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This essay "Commercial Clause and its Effect on Business" dwells on the origin of the "Commercial Clause". Admittedly, "Commerce Clause" contained in section 8 of the Article 1 of the U.S Constitution, is one of the most-crucial clauses that influences trade activities…
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Commercial Clause and its Effect on Business
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The Commerce clause is regarded as major legal bedrock in the regulation of commercial activities especially those involving dealings with foreign countries. However, the Supreme Court upon review of the injunction, it found out that it was not in line with the federal statute, which was supposed to be only valid within the New York state. Therefore, the court withdrew the injunction because the Commercial Clause gave an authority to the Congress to pass laws/acts, which could have an effect in a single state when it had some commercial dealings with another state.

Thus, this is in tandem with the book of Luke 16: 17 which states that “And it is easier for heaven and earth to pass, than one title of the law to fail."According to Wickard v. Filburn, the original understanding or rather the interpretation of the commerce clause was elaborated by the Supreme Court to include intrastate commercial/economic activities. In this case, the defendant grew wheat with an intention for personal consumption but later sold the excess to the public. The court of Supreme ruled that the excess wheat sold could have a significant effect on the interstate commerce hence affecting prices and output.

Therefore, the rationale applied in this context can be linked to the book of 1 Kings 5: 11 which states that “And Solomon gave Hiram twenty thousand measures of wheat for food to his household, and twenty measures of pure oil: thus gave Solomon to Hiram year by year.”

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