Muscle Grow Case Qs the Commerce Clause Essay

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Muscle Grow Case Qs

The commerce clause grants the federal government the right to regulate interstate commerce, which the online sale and interstate shipment of Muscle Grow by Texas-Based Health Corp. definitely constitutes (U.S. ConstitutionArticle 1, Sec. 8, Clause 3). A determination of whether or not this constitutes commerce is not really at issue as it quite clearly is concerned with the sale and transport of goods across state lines, however the Commerce Clause only grants the federal government (specifically, Congress) the authority to regulate this commerce, and does not specifically allow the actions taken in this case -- that is, action taken by the President to directly regulate the commerce of one particular firm through a selective application of executive power rather than established law.

2)

According to United States Code Title 50, Chapter 34, there is no clear restriction on the ability of the President to declare a national state of emergency or to delegate special powers as a result of this national emergency.

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As long as the state of emergency is specific and entered into the Federal Registry by an Executive Order, as President Obama did in this scenario. While a challenge might be possible after the fact and lawmakers might certainly review this code in light of such an incident, it is not illegal or an abuse if authority as currently defined. The President is granted very broad authority, checked by Congress' later ability to reject it but still authorized initially, to declare such states of emergency.

3)

According to Article 1, Section 10 of the U.S. Constitution, no state is able to pass any law that limits or restricts the obligations of prior….....

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