Question
1) Article I, Section 8 of the United State Constitution (The Commerce Clause) specifically limits the Federal government to regulate commerce ...among the several states...,
1) Article I, Section 8 of the United State Constitution (The Commerce Clause) specifically limits the Federal government to "regulate commerce ...among the several states...", also known as "interstate commerce." However, in the case of "McClain v. The Real Estate Board of New Orleans" the US Supreme Court allowed federal regulations to apply to prevent a local real estate board from prohibiting real estate brokers from charging less than a six per cent commission on real estate sales even though selling real estate is unarguably a local, or "intrastate" activity. How was the federal government allowed to regulate this activity? 2) The state of Iowa (one of those states trucks generally go through to get from one destination to the other) imposed a restriction on the length of tractor trailers that can travel on its state highways of 55 feet in length. In other words, if a truck was more than 5 feet in length it had to go around the state to make deliveries instead of through the state. a) What legal argument could Iowa use to support its restrictions on the length of tractor trailers on its highways? b) How might Iowas laws affect interstate commerce? c) If sued under the commerce clause what do you think the court might consider to determine whether Iowas law was valid or unconstitutional?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started