Constitutional Law: The Commerce Clause

Book Description
This law school study aid discusses the scope of the commerce power, federalism-based restrictions on that power, and limitations imposed by the "dormant Commerce Clause" principle on both state regulatory and state taxing measures. The book also sheds light on the broader context in which the Commerce Clause operates by considering the roots of modern Commerce Clause doctrine in McCulloch v. Maryland and limits on congressional authority that exist apart from the commerce power, including the power to tax and to spend. It also reviews the ability of Congress to preempt state law under the Supremacy Clause through affirmative legislation.


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This law school study aid discusses the scope of the commerce power, federalism-based restrictions on that power, and limitations imposed by the "dormant Commerce Clause" principle on both state regulatory and state taxing measures. The book also sheds light on the broader context in which the Commerce Clause operates by considering the roots of modern Commerce Clause doctrine in McCulloch v. Maryland and limits on congressional authority that exist apart from the commerce power, including the power to tax and to spend. It also reviews the ability of Congress to preempt state law under the Supremacy Clause through affirmative legislation.


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