Power Under The Commerce Clause Essay

1571 Words Jul 31st, 2015 7 Pages
III. This Court proceeds now to determine whether Congress maintained the power under the Commerce Clause to pass the specific laws in this case. The Federal Statute reads: “It is a federal offense, punishable by 3 years in prison, to use, to transport, to consume, or to become otherwise under the influence of butter beer made with any substances that are deemed illegal y federal law”. Art. I, S.8 C. 3 of the Constitution reads: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;” Wickard v. Filburn, a case where a farmer received a wheat allotment of 11 acres for his 1941 crop but sowed 23 acres, planning to use the extra crop for home consumption. Filburn was penalized for the excess of production and brought a suit against Secretary of Agriculture, Clause Wickard. The issue was “Does congress have the power to control production, even within a state, to increase the price of wheat?” the Court analyzed that one of the primary purposes of the act in question (Agricultural adjustment at of 1983) was to increase the market price of wheat, and to that end, to limit the volume thereof that could affect the market. It is well established by decision of this Court that the power to regulate commerce includes the power to regulate the prices at which commodities in that commerce are dealt in, and practices affecting such prices. A factor of such volume and variability as home consumed wheat would have a substantial influence on…

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