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Posted: December 3rd, 2022
Commerce Clause and Federal Jurisdictional Power
Commerce Clause and Federal Jurisdictional Power
The commerce clause authorizes Congress to regulate trade among states, Indian tribes, and with foreign nations. The clause seeks to address the interstate trade barriers and the process of entering into trade agreements (Patti, 2019). According to the Commerce clause, states have the liberty to enact and enforce laws relating to commercial trade and exercise jurisdictional power.
The clause is the source of the drug prohibition laws under the Controlled Substance Act. For example, a case on medical marijuana involving Gonzales v. Raich demonstrates that a ban on growing marijuana for personal use was against the Commerce Clause (Cooper, 2019). Although the growth of marijuana for personal use could trigger indirect effects on interstate commerce. The ruling was similar to that of Wickard v. Filburn which argued that personal cultivation and consumption of marijuana could affect commerce across states (Cooper, 2019). The growth of marijuana can affect different states that do not accept or authorize personal use or growth of the drug. A person can increase the likelihood of trading the product to other people.
Federal jurisdictional power is the jurisdiction of the federal government in a country applying federalism. In the United States, the federal jurisdictional power refers to the power of the federal government to enact laws while respecting the territorial powers (Diamond, 2019). Federal jurisdiction exists across the states and they are subject to the laws passed by Congress. Federal jurisdictional powers apply to various issues involving bankruptcy, crimes on federal land, and property (Diamond, 2019). The jurisdictional powers apply to various cases involving people from diverse states. The exclusive jurisdiction in the federal government applies to the issues that enhance peace and growth in society.
References
Cooper, M. (2017). Safe Street Alliance & the Tenth Amendment: Intrastate Cannabis Markets, Interstate Authority & Political Consequences. UC Davis Bus. LJ, 18, 195.
Diamond, J. D. (2017). Practicing Indian Law in Federal, State, and Tribal Criminal Courts: An Update about Recent Expansion of Criminal Jurisdiction Over Non-Indians. Crime Just., 32, 8.
Patti, F. (2019). Judicial Deference and Political Power in Fourteenth Amendment and Dormant Commerce Clause Cases. San Diego L. Rev., 56, 221.
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