The Commerce Clause entitles Congress to?

A.Tax Minnesota's wheat exports to Russia
B.regulate airline routes in New England
C.require Texas oil tankers to dock and pay duties in Louisiana
D.give San Francisco the exclusive right to receive cargo ships from Japan

Answer:
An argument could be made for all of the above.

Regulating air lines and assigning particular foreign cargoes to specific ports would clearly fall within the authority of the commerce clause (not that Congress would necessarily enact such provisions into law).

It is less clear for the two options involving taxation. There are other provisions, however, that would authorize the imposition of certain taxes. Its just not clearly something that is authorized under the very broad power to regulate commerce between the states and with foreign countries.


C The commerce clause give Congress the power to regulate interstate commerce. The 10th amendment prohibits Congress from regulating purely local activity so B is not correct. A is incorrect because the Constitution only allows for a apportionate tax and D could be argued either way. The federal government has power to deal with forign policy issues and cargo ships from Japan have an effect on interstate commerce because the goods are put into the stream of interstate commerce.

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