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Regulating commerce between the states was one of the overriding problems facing the drafters of the original U.S. Constitution. Under the Articles of Confederation, regulating such commerce was a significant problem so when the Constitution was being written the following language was incorporated to address the problem. In Article 1, Section 8 the Constitution states:
To regulate Commerce with foreign Nations, and among the several States, Supreme Court rendered its decision in the case of Gibbons v. Ogden, 22 U.S. 1 (1824). Since the decision in Gibbons, the issue of the federal government's right to regulate commerce has been unquestioned.
and with the Indian Tribes.
Further, in Article 1, Section 9 the Constitution states:
No Tax or Duty shall be laid on Articles exported from any State. No Preference
shall be given by any Regulation of Commerce or Revenue to the Ports of one
State over those of another, nor shall Vessels bound to, or from one State
be obliged to enter, clear, or pay Duties in another.
The UCITA is a proposed uniform law that is intended to govern software licensing, online access and other transactions in computer information. Meanwhile, the UCC is an uniform set of laws promulgated in an effort to harmonize the law of sales and other commercial transactions in all 50 states. The UCC has been in effect since 1952 and been widely accepted as a form of regulation. The UCITA, on the other hand, has been widely criticized and declared by a number of organizations as being dangerous and anti-competitive. In a great number of…
The distinction between selling and licensing is essentially focused on the ownership of the product. When a product is sold the purchaser is granted ownership and is free to use and dispose of the product in whatever fashion he or she feels is appropriate. In a licensing situation, however, the ownership of the product is retained by the vendor and the purchaser is afforded the right to use the product but in a limited fashion. The product owner retains the right of ultimate control subject to the licensing conditions granted to the licensee.
The drafting of the UCITA was originally intended to serve as an amendment to article 2 of the Uniform Commercial Code (UCC). Joining in the draftsmanship of the UCITA were the two organizations sharing responsibility over the management of the UCC, the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). Disputes related to the UCITA being imbalanced and unfair to software users eventually arose between the two organizations. Ultimately the ALI withdrew its support for the provisions of the UCITA. Without the ALI's support the enactment of the UCITA as an amendment to the UCC became impossible and the NCCUSL went forward with the approval of the UCITA as a standalone document.
Although the UCITA eventually received the approval of the NCCUSL committee, individual state approval has been slow in coming. Organizations such as the American Bar Association have openly opposed its approval. Patrick Thibodeau, (2003), ABA refuses to endorse UCITA, Retrieved November 27, 2010 from the World Wide Web: http://www. Computerworld.com/s/article.
The New Deal jolted the commerce clause into high gear, creating the regulatory agencies, commissions, and boards that continue to oversee the United States' commercial life." During that administration, Roosevelt attempted to assert a lot of federal power that had not been previously asserted by the federal government. However, a number of such laws pressed through Congress were found by the U.S. Supreme Court to lack constitutional authority. For many
S. Congress is superior as it has an increased ability to control certain aspects of commercial operations (University of Missouri-Kansas City School of Law). Implied Powers, the Necessary and Proper Clause The United States Constitution is at times ambiguous and leaves room for interpretation. This is the stage at which the implied powers of the Congress come into discussion and probably the most relevant example in this sense is given by the
RIGHTS VS. NATIONAL LAWS National laws formulated and implemented by the federal government have often been criticized for their centralizing effect and for restraining/restricting the power of state laws. In a republican form of government, state laws have enormous significance as this form of government allows "people . . . To pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be
Officials in the newly formed Ministry of Finance drew from a talented pool of economists from the Hebrew University in Jerusalem. Privileged positions were filled from within the bureaucracy and were obtained through exceptional performance instead of cronyism or nepotism. Of great importance to their autonomy, officials were able to disconnect themselves from total reliance on local funding thanks to financial assistance from the international community and reparations from Germany. Two figureheads within the government guaranteed a
It is reasonable to conclude, therefore, that Congress has enacted sufficient regulation on business communication. Given that businesses are comprised of individuals who are subject to First Amendment protection, for the government to treat business communication as distinct from personal communication, however noble the idea in spirit, creates a conflict that is not easily reconciled. If anything, reconciliation of this conflict will see a further reduction on the limits
Confusion Hypothetical: Can the State Enact a Statute Requiring a Specific Tow Hitch? Facts: Tanya Trucker is a trucking company owner who resides in and/or operates her business in the state of Denial. Her trucking business operates in the state of Confusion as well as other states. The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch,