I have this question on a homework assignment and I need help.
Under Chief Justice Marshall's definition of "interstate commerce"
as quoted from the Gibbons v.Ogden case,
which one of the following activities would most likely be subject to regulation by Congress?
A. A rancher cuts timber on land he
owns in one state and transports
it 500 miles to his residence in
another state to burn in his
fireplace.
B. A woman regularly takes fruit that
she grows on her property and
donates it to a charitable food
pantry that is only two miles
away,but the pantry is in another
state.
C. A company produces cookies that
will be shipped to other states
to be sold in student fundrasing
events.
D. A college student makes money by
cutting hair in her dormitory and
she does not pay any taxes on the
income.
If I am understanding the assignment
correctly, wouldn't the correct answer
be (C )?
Please Help Me!
Yes. You're right. C. involves both commerce (sales) and movement of goods between states.
To get the answer to this question, you need to understand Chief Justice Marshall's definition of "interstate commerce" as quoted from the Gibbons v. Ogden case. In this case, the Supreme Court held that the power to regulate interstate commerce is exclusive to Congress and encompasses not just the buying, selling, and exchange of commodities, but also includes all commercial intercourse between states.
Let's analyze each option:
A. A rancher cuts timber on land he owns in one state and transports it 500 miles to his residence in another state to burn in his fireplace.
This activity involves commerce within a single state and does not involve any commercial interchange or trade between states. Therefore, it is less likely to be subject to regulation by Congress based on Chief Justice Marshall's definition.
B. A woman regularly takes fruit that she grows on her property and donates it to a charitable food pantry that is only two miles away, but the pantry is in another state.
While this activity involves crossing state lines, it is not a commercial transaction. It is a charitable donation and does not involve buying, selling, or exchange of commodities between states. Therefore, it is also less likely to be subject to regulation by Congress based on Chief Justice Marshall's definition.
C. A company produces cookies that will be shipped to other states to be sold in student fundraising events.
This activity involves the production and sale of cookies that are intended for interstate commerce. It includes both the commercial exchange of products and the movement of goods across state lines. Therefore, it is most likely subject to regulation by Congress based on Chief Justice Marshall's definition.
D. A college student makes money by cutting hair in her dormitory and she does not pay any taxes on the income.
This activity does not involve interstate commerce. It is a personal service within a single state and does not involve the buying, selling, or exchange of commodities between states. Therefore, it is less likely to be subject to regulation by Congress based on Chief Justice Marshall's definition.
Based on Chief Justice Marshall's definition, option C, involving the production and sale of cookies intended for interstate commerce, is the most likely to be subject to regulation by Congress.