The Framers of the U.S. Constitution clearly wanted to limit the legislative power of the national government.
Question:
The Framers of the U.S. Constitution clearly wanted to limit the legislative power of the national government.
They made this desire quite clear by enumerating the powers that Congress would possess and by specifically starting Article I of the Constitution with the following words, “All legislative Powers herein granted shall be vested in a Congress of the United States.” Now reread Example 28-1. In that case, the court allowed Congress to regulate DeBroglie , a corporation that did business totally within a single state. Is it ethical for the courts, in their interpretation of the Commerce Clause, to ignore the deliberate attempt by the Framers to limit congressional power to the regulation of commerce “among the several states” and to extend that power, allowing Congress to regulate a commercial activity that takes place completely within one state? Explain.
Data from example 28-1
The Lafayette Nuclear Research and Development Corporation owned and operated DeBroglie Plutonium Processing Plant, Inc. Both corporations were based in Louisiana. DeBroglie supplied Lafayette with about 25 percent of its plutonium needs and did no other plutonium business with anyone.
The other 75 percent of Lafayette’s plutonium came from one in-state producer and two out-of-state suppliers. When the federal government imposed new safety regulations on all plut o nium processing plants, DeBroglie argued that the regulations did not apply to it because its bus i ness was totally within the borders of Louisiana. The court disagreed. The court said that the fact that 25 percent of Lafayette’s plutonium was purchased from DeBroglie meant that Lafayette did not buy that 25 percent from other corporations, in cluding the two corporations from outside Louisiana. Because the two corporations outside Louisiana could have sold more plutonium to Lafayette had DeBroglie not sold its plutonium to Lafayette, DeBroglie’s business was affecting interstate commerce, and could therefore be regulated by Congress.
Step by Step Answer:
Business Law With UCC Applications
ISBN: 9780073524955
13th Edition
Authors: Gordon Brown, Paul Sukys