United States Commerce Clause Case Law

A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 55. Chapters: Board of Trade of City of Chicago v. Olsen, Boynton v. Virginia, Carter v. Carter Coal Company, Champion v. Ames, Commonwealth Edison Co. v. Montana, Ex parte Young, Garcia v. San Antonio Metropolitan Transit Authority, Gilmer v. Interstate/Johnson Lane Corp., Gonzales v. Raich, Hammer v. Dagenhart, Heart of Atlanta Motel v. United States, Hoke v. United States, Houston E. & W. T. Ry. Co. v. United States, In re Debs, Katzenbach v. McClung, Kidd v. Pearson, McGoldrick v. Berwind-White Coal Mining Co., National Federation of Independent Business v. Sebelius, National Labor Relations Board v. Jones & Laughlin Steel Corporation, New York v. United States, North American Co. v. Securities and Exchange Commission, Panama Refining Co. v. Ryan, Passenger Cases, Paul v. Virginia, Reno v. Condon, Schechter Poultry Corp. v. United States, Seminole Tribe of Florida v. Florida, Southern R. Co. v. United States, The Schooner Exchange v. M'Faddon, United States v. Butler, United States v. Carolene Products Co., United States v. Darby Lumber Co., United States v. E. C. Knight Co., United States v. Locke, United States v. Lopez, United States v. Morrison, United States v. Rybar, United States v. South-Eastern Underwriters Association, United States v. Stewart (2003), Wickard v. Filburn. Excerpt: National Federation of Independent Business v. Sebelius, 567 U.S. ___ (2012), was a landmark United States Supreme Court decision in which the Court upheld Congress's power to enact most provisions of the Patient Protection and Affordable Care Act (ACA) and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most Americans to have health insurance by 2014. The Acts represented a major set of changes to the American health care system that had been the subject of highly contentious debate, largely divided...

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.

Excerpt from The Act to Regulate Commerce: Construed by the Supreme Court The Commerce Clause contains one of the most important grants of power to the United States to be found in the Federal Constitution. Adopted merely for the purpose of preventing disputes among the states which had recently formed the Confederation, it has been the source of varied and potent legislation governing the intricate problems of interstate traffic incident to a complicated and highly developed industrial and social life. Framed to suit the inconsequential problems offered by a traffic handled by stage coach, ox cart and sailing vessel, it has served as the vehicle to govern the important questions arising from an enormous volume of traffic handled by the railroad, the steamer, and other agencies of commerce. A preliminary chapter has been included to trace at least in outline the genesis and development of legislation under the Commerce Clause. The literature of the subject, both political and economic as well as legal, appears to be well nigh inexhaustible. Yet there has seemed room for a further discussion of certain features of the Act to Regulate Commerce. The findings of the Interstate Commerce Commission to date fill some thirty large volumes. The decisions of the lower Federal courts upon this act are only less voluminous. On the other hand, the decisions of the Supreme Court which constitute the last word on the question, and from which no appeal can be taken, have often not been treated by writers on this subject with the measure of importance which should be accorded them. Many of the most important of these decisions have been handed down by that court since the appearance of any treatise on this act. It has seemed desirable, therefore, to collate these decisions, to include an exhaustive discussion of them within the confines of a single volume and to bring them down to the latest possible date. Such a volume could be of particular value to the lawyer who does not have at his disposal a large legal library. It would constitute the law of the Act to Regulate Commerce so far as that law has been finally determined. Decisions of the lower courts, subject to review and, therefore, to being overruled, have been omitted from discussion in this work. It is hoped that the volume will fill a place hitherto unoccupied in the bibliography of the Act to Regulate Commerce. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Professor Coenenâe(tm)s treatment of the Commerce Clause broadly explores the division of powers between federal and state lawmaking authorities and considers alternative sources of federal power, particularly under the Taxing and Spending Clauses, as well as constitutionally inspired rules of statutory interpretation crafted by the Court to protect federalism values.

An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.