The Commerce Clause And Its Effect On Interstate Commerce...

The Commerce Clause in Article 1, Section 8 states that Congress has the power to regulate interstate commerce itself as well as the power to regulate local commerce if that local commerce has a substantial economic effect on interstate commerce. When Congress regulates an intrastate activity, there is a test that is used by the Supreme Court that determines whether Congress actually has the right to regulate this intrastate activity with some sort of economic effect. The Commerce Clause test is one that also goes on to explain that it is not just about one instance where if there is a substantial economic effect on interstate commerce, but as a whole having a substantial economic effect. Also, if the activity does deal with interstate commerce that has an economic effect, then Congress has the ability to regulate wages and any other instance of activity which includes all workers even if the workers do not produce the commerce. Section 1001 of the PSA states Congress’ in tention to â€Å"establish a nationwide program to protect the public from the adverse effects of tainted and contaminated pharmaceutical products.† Section 5001 of the PSA establishes licensing and pharmaceutical production education requirements for â€Å"individuals employed by any pharmaceutical producer† and sets maximum hours such individuals can work. One could then argue that the Supreme Court is allowed to say that Section 5001 of the PSA is within Congress’ power to set maximum hours and make peopleShow MoreRelatedThe Gun Free School Zones Act Of 19901164 Words   |  5 Pagesviolated the Commerce Clause of the United States Constitution. 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A state government does not violate the commerce clause when it sets licensing requirements for incineration and interment of fetal tissues pursuant to its autonomy and police powers in carrying out local activities that have always been its traditional function to ensure the health and safety of itsRead MoreThe Constitutional Law: Confusion vs. Denial1185 Words   |  5 Pagescourt will have jurisdiction over Tanyas suit? Why? The most likely court with jurisdiction over Tanyas suit will be the federal court in the state of Confusion. That is because Tanyas suit rais es a federal issue, that of the regulation of interstate commerce. Generally, such a case would be filed in the federal court in the same state where the alleged harm manifested itself. 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