Interstate commerce
Interstate commerce is the process of purchasing and selling, and the movement of people across different states. The government regulates interstate commerce. Various channels are used in this process, for example, roads, air, and waterways. The government regulates interstate commerce and hence the circuits involved. The “Congress could keep the channels of interstate commerce (like highways) free from injurious or immoral uses” (Robert and Grant, 2001). By regulating the channels, the law protects the items entering or leaving a state.
Instrumentalities involved in interstate commerce include roads, planes, and watercraft. The law regulates the instrumentalities in the sense that congress could protect them in the commerce process. “The doctrine developed in McCulloch v. Maryland, that there is the total failure of power in the states to tax the operations of a federal instrumentality was brought over and declared to be entirely applicable to state taxation of foreign and interstate commerce” (Dowling, 1940). The law also regulates and protects persons involved and goods in interstate commerce, ensuring both their safety and that of the states involved. Moreover, protection is offered to avoid discriminations among the nations involved, for example, racial. Besides, the persons are relieved from the burden since the safety of their items is assured. Don't use plagiarised sources.Get your custom essay just from $11/page
Also, “the congress could regulate even noneconomic or in-state conduct that substantially affected interstate commerce” (Robert and Grant, 2001). These are any actions involved but positively affect the process. “Justice Thomas criticized the substantial effects test as inconsistent with the original meaning of the commerce clause (Robert and Grant, 2001). The argument is on whether the activity affects interstate commerce.
Reference
Dowling, N.T. (1940). Interstate Commerce and State Power. Virginia Law Review, 1- 28
Pushaw Jr, R.J., & Nelson, G.S. (2001). A Critique of the Narrow Interpretation of the Commerce Clause. N.W. U.L. Rev., 96, 695