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Posted: August 20th, 2022
Assignment
Several cases have highlighted Congress power below the commerce clause, and the Wikard v. Filburn case is an efficient instance. On this case, the US Supreme Court docket drastically augmented the quantity of Congress’ financial regulatory power. The Coronary heart of Atlanta Mannequin v. United States is one other case and the Supreme Court docket dominated that Congress had the authority to compel non-public companies to stick to the Civil Rights Act of 1964, which forbids discrimination in public lodging (Russell & Cohn, 2012). In the USA v. Lopez case, the Court docket dominated that Congress had surpassed the power given to it below the commerce clause when it handed a regulation forbidding gun possession at school zones. Based mostly on the three cases, I’d thus conclude that the power given to congress below the commerce clause is nearer to Wikard v. Filburn. It’s because the case handled financial regulatory power of Congress, and therefore instantly pertains to the commerce clause which primarily highlights Congress power in regulating commerce/enterprise with international nations and a few states. That is distinction to the opposite cases which didn’t handle points that relate to enterprise or commerce.
The social disorganization idea instantly associates charges of crime to neighborhood ecological options; a primary doctrine of social disorganization idea that signifies place issues (Weisburd, Groff & Yang, 2012). Due to this fact, this idea can be utilized to elucidate the crime of drug trafficking. And this crime could also be prevalent in socio-economically disadvantaged areas/neighborhoods. It’s because such areas have weak conventional establishments (like church buildings, household, colleges and many others), and as such, they don’t seem to be capable of management the conduct of youths within the neighborhood. Consequently, the youth simply fall prey to vices like drug trafficking. Additionally, these neighborhoods have a bent of producing “prison traditions,” and on this case, drug trafficking, and that is handed to successive generations of youths. Due to this fact, the youths simply be taught this commerce by their day by day interactions with older juveniles.
References
Russell, J., & Cohn, R. (2012). Coronary heart of Atlanta motel V United States. E book on Demand.
Weisburd, D., Groff, E. R., & Yang, S. (2012). The criminology of place: Road segments and our understanding of the crime downside. Oxford College Press.
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