Role of the U.S. Constitution in Business Regulation
The United States Constitution is a written document that provides the framework for the federal government and is ultimately the supreme law for Americans to abide by. This document “establishes the structure of the federal government, delegates powers to the federal government, and guarantees certain fundamental rights (Cheeseman, 2007, p. 49).” These fundamental rights, laws and freedoms are granted, to all Americans. Despite the ratification of the Constitution in 1788, the laws still pertain to today’s ever-changing economy and culture. The Constitution has been referred to as a “living” document that evolves in unison with our country. The comprehension of the Commerce Clause in relation to business regulation and how it affects a current case in the news, facilitates a better comprehension of the role the U.S. Constitution plays in regard to business regulation.
The Constitution of the United States sets forth the nations fundamental laws for business regulation. The Commerce Clause in particular grants the federal government the authority to regulate commerce between states, Indian tribes, and other nations. “Because this clause authorizes the federal government to regulate commerce, it has a greater impact on business than any other provision in the Constitution (Cheeseman, 2007, p. 52).” The original purpose of this clause was primarily due to the need for a more responsive and effective business regulation. Today, this clause protects businesses and consumers alike. The state and federal government have concurrent power to regulate domestic commerce. The federal and state governments dually regulate the parameters of interstate and intrastate commerce. Interstate commerce consists of business involving two or more states while intrastate commerce occurs solely within the boundaries of a single state. Interstate trade is the very argument Amazon.com is using to fight the...
References: Bauman, V. 2008, May 2. Amazon sues ny over internet sales tax collection. San Francisco Chronicle. Retrieved May 5, 2008 from http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/05/02/financial/f174246D29.DTL&hw=constitution+business&sn=007&sc=277.
Cheeseman, H. 2007. The legal environment of business and online commerce (5th ed.). New Jersey: Pearson Prentice Hall.
Lee, T. 2008, April 21. New york tries to rope amazon into playing tax collector. Retrieved May 10, 2008 from http://www.techdirt.com/articles/20080419/155520896.shtml.
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