Describe the Commerce Clause and discuss the reason that it is so important to our country's legal
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Question:
- Describe the Commerce Clause and discuss the reason that it is so important to our country's legal system.
- In November of 2022, the U.S. Supreme Court heard arguments in a lawsuit titled Texas v. Haaland. Specifically, the Supreme Court has been asked will decide whether the Commerce Clause granted the federal government the legal power to enact a law called the Indian Child Welfare Act (ICWA). Passed in the 1970s, the ICWA establishes minimum standards for the removal of Native American children from their families, such as child abuse and neglect, and establishes a preference that Native children who are removed from their families be placed with extended family members or in Native foster homes. The State of Texas argues in the lawsuit that the federal government lacked the power under the Commerce Clause to enact the ICWA. The federal government disagrees. Based on what you've learned about the Commerce Clause and how the courts have understood the meaning of that clause, do you believe that the Commerce Clause grants the federal government the authority to adopt the ICWA? Why or why not? Might the placement of Native children in foster care have an impact on commerce? How?
Related Book For
Global Business Today
ISBN: 978-1259686696
10th edition
Authors: Charles W. L. Hill Dr, G. Tomas M. Hult
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