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THE POSITION OF THE COMMERCE CLAUSE IN U.S. CONSTITUTIONAL LAW

THE POSITION OF THE COMMERCE CLAUSE IN U.S. CONSTITUTIONAL LAW John Boeren and Zaira Penders* THE POSITION OF THE COMMERCE CLAUSE I N U . S . C O N S T I T U T I O N A L L A W * John Boeren, former Editor-in-Chief, recently graduated in Dutch Constitu- tional Law at Tilburg University and Zaira Penders was appointed as his successor at the Tilburg Foreign Law Review. INTRODUCTION D u r i n g our study of the constitutional law of the United States of America, we were taken by surprise by the influence that one article of the Constitution can have on the complete judicial system. One who looks up article 1 section 8 clause 3 of the Constitution, will find the following: "The Congress shall have Power ... [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". This a r t i c l e - mostly called the commerce c l a u s e - seams very innocent, because foreign commerce is mostly a task of a federal govern- ment. That this particular article has had more influence on American Law than suspected at first sight we will try to demonstrate http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

THE POSITION OF THE COMMERCE CLAUSE IN U.S. CONSTITUTIONAL LAW

Tilburg Law Review , Volume 5 (3): 209 – Jan 1, 1996

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Publisher
Brill
Copyright
© 1996 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2211-0046
eISSN
2211-2596
DOI
10.1163/221125996X00256
Publisher site
See Article on Publisher Site

Abstract

John Boeren and Zaira Penders* THE POSITION OF THE COMMERCE CLAUSE I N U . S . C O N S T I T U T I O N A L L A W * John Boeren, former Editor-in-Chief, recently graduated in Dutch Constitu- tional Law at Tilburg University and Zaira Penders was appointed as his successor at the Tilburg Foreign Law Review. INTRODUCTION D u r i n g our study of the constitutional law of the United States of America, we were taken by surprise by the influence that one article of the Constitution can have on the complete judicial system. One who looks up article 1 section 8 clause 3 of the Constitution, will find the following: "The Congress shall have Power ... [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". This a r t i c l e - mostly called the commerce c l a u s e - seams very innocent, because foreign commerce is mostly a task of a federal govern- ment. That this particular article has had more influence on American Law than suspected at first sight we will try to demonstrate

Journal

Tilburg Law ReviewBrill

Published: Jan 1, 1996

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