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Why is the commerce clause written in 1787 still adequate to meet the needs of the nation in the 21st century?

User Epichorns
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Final answer:

The commerce clause from 1787 adequately addresses modern economic complexities due to Congress's power to regulate interstate commerce, but it is also checked by the Supreme Court to prevent federal overreach, ensuring a balance of power.

Step-by-step explanation:

The commerce clause, written in 1787, remains adequate in the 21st century because it gives Congress the power to regulate a growing and technologically advanced economy that increasingly crosses state lines. This broad power encompasses areas like environmental protection and consumer rights. However, the Supreme Court has placed limits on this power to prevent federal overreach into areas traditionally managed by states.

Since the 20th century, the federal government has used the commerce clause to address matters that were previously managed by individual states, reinforcing the idea of a unified national economy. Yet, decisions such as United States v. Lopez and the ruling on the Affordable Care Act indicate a more conservative approach, ensuring the powers of Congress are reeled in to prevent overstepping the bounds of federal authority.

Ultimately, the commerce clause's flexibility and the contentious nature of its interpretation show it is both influential in shaping federal policy and remains subject to the fluctuating views on the balance of power between state and federal governments.

User Lyzkov
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The commerce clause written in 1787 states "[The Congress shall have power…] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

The commerce clause ensures that everyone in doing trade has to abide by the rules and regulations made by congress for the good of all. It is applicable until this day because trade and business is still very much flourishing. Many laws were added to ensure equality among businesses; not only in the business practices but also for the betterment of their workers.

Through the commerce clause, o
rganized labor laws, child labor laws, trucking and transportation laws, possession of a gun near a grade school laws, work safety laws, environmental laws, financial laws, farming laws, manufacturing laws, drug laws, food laws, and public health laws were passed.
User Dieselist
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