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The Interstate Commerce Clause Series

By: Klein, Jose | Kennedy School Review, Annual 2008 | Article details

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The Interstate Commerce Clause Series


Klein, Jose, Kennedy School Review


Art. I, [section] 8, Clause 1 of the U.S. Constitution grants Congress the power to regulate interstate commerce. What you can regulate when you regulate commerce is largely political. Do the economic effects of domestic violence justify Federal intervention? What about cultivation of medical marijuana for personal consumption? Each of these images depicts a seminal moment in the Supreme Court's evolving understanding of the clause.

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Gibbons v. Ogden, 22 U.S. 1 (1824). Gibbons v. Ogden was the first interstate commerce case. The Court, led by Chief Justice Marshall, held that Congress's power to regulate interstate commerce included the …

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