Commerce Clause Sample Essay Answer

Commerce Clause Sample Essay AnswerAlthough not the most sought after topic for Business Law students, the Commerce Clause has been and continues to be an extremely popular one. You will find that a lot of students applying for business degrees will take Commerce Clause as part of their entrance exams for their master's degree or any other form of law degrees.The Commerce Clause, is actually two clauses that have been added to the Constitution of the United States as amendments over the years, and it is still applied to the current state of the nation. The first clause, known as the Antitrust Clause, applies to any and all forms of transactions where there are potential markets where it could bring harm to any individual, as well as potentially of harmful impact to the general public.This term is really broad and can cover a wide range of specific transactions. The second clause, the Constitutional Guarantee Clause, guarantees the Constitution of the United States to be 'the supreme law of the land.' It also provides for a number of specific areas in which government may intervene, and therefore the Constitution is supposed to remain supreme. Without these two clauses, there would be no prohibitions against monopolies, unfair contracts, patent infringement, etc.The Antitrust Clause is quite self explanatory and gives the government the power to prevent and to stop any and all forms of economic monopolies and unfair contracts. Basically the government wants to prevent such activity from occurring, and the Commerce Clause gives the government the power to provide protection for the general public. What does this mean in terms of students? Well, for example, if there was some sort of network of television stations, and there were suspicions that there were channels that were being over aired, then the government could intervene by passing legislation to regulate the amount of time certain channels were allowed to broadcast, or to ban channels that were over being broadcast at the maximum time allowable.Obviously this would have a direct impact on whether or not any illegal activity was taking place. Also, if the media was too over saturated with the same channel, the government could also intervene to limit the number of times that channel was shown at a single time. Again, this would protect the general public. Of course, it would also prevent the television stations from broadcasting in excess of their license.The Constitutional Guarantee Clause is just as important, as it provides that the government cannot infringe upon the rights of citizens. Essentially, it prevents the government from infringing upon the fundamental rights of its citizens. For example, if the government came into the possession of certain documents, which the citizens believed was a misuse of their money, then the government would have to provide restitution for the expenses incurred by the citizens.This all makes a lot of sense, and if you think about it, even more c ommon sense. So if you want to apply for a degree in business law, or have already done so, consider this one of the Commerce Clause sample essay answers.