Essays on Commerce Clause

Marijuana decriminalization and legalization in approximately twenty states have revived a controversy surrounding the issues of federalism and the rights of the state governments to pass laws that are supported by the majority of the voters within particular states. Opponents of marijuana legalization for any purpose, either medicinal or recreational, claim that the decisions made by some states contradict the federal drug laws and, therefore, are illegal. Supporters of the state drug laws claim that the Tenth Amendment to the US Constitution granted the states certain rights that are not in the scope of the federal power. However, this ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

Introduction

The United States constitution gives every state the sovereign right to tax any property, tangible or intangible, which is within its jurisdiction. However, the same constitution grants Congress the power to limit any such rights in exercising its federal authority. The federal government limits the taxation powers in property that is involved in interstate commerce . Therefore, there is debate towards distinguishing between interstate commerce and property involved in interstate commerce within the jurisdiction of a state. Understanding the difference between these two aspects is more of a legal matter. This research analyses the rules and laws regarding state taxation power and ...