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1. Using your own words, describe the Commerce Clause and discuss the reason that it is so important to our country's legal system. 2.
1. Using your own words, describe the Commerce Clause and discuss the reason that it is so important to our country's legal system. 2. In the fall of 2022, the U.S. Supreme Court will consider a lawsuit titled Texas v. Haaland. Specifically, the Court will decide whether the Commerce Clause gave the federal government the authority to adopt a law called the Indian Child Welfare Act (ICWA). Passed in the 1970s, the ICWA establishes minimum standards for the removal of Native American children from their families and establishes a preference that Native children who are removed from their families be placed with extended family members or in Native foster homes. The State of Texas argues in the case that the federal government lacks the power under the Commerce Clause to pass the ICWA. The federal government disagrees. Based on what you've learned about the Commerce Clause and how the courts have understood it, do you believe that it grants the federal government the authority to adopt the ICWA? Why or why not? Might the placement of Native children in foster care have an impact on commerce? How? (For this question, you are free to search online for more information to address these questions but do not cut-and-paste. The ideas and opinions in your post must be your own based on your own knowledge.)
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