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alekssr
2 months ago
15

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce am

ong states is referred to as the
Select one:
0 a. dormant aspect.
O b. positive aspect.
C. active aspect.
d. negative aspect.
Law
1 answer:
Serggg [56]2 months ago
5 0
Answer: Option B (Positive aspect) Explanation: According to the ruling by the United States Supreme Court pertaining to the commerce clause, it consists of two dimensions: the positive aspect and the negative, also referred to as the dormant aspect. The clause in Article I, section 8 of the United States Constitution grants the national government exclusive power to regulate commerce affecting trade between the states. This explicit authority to the federal government is shown in Gibbons vs. Ogden where the Court found that the federal government holds exclusive rights over interstate commerce. Thus, the express grant of power in the commerce clause that allows the national government to regulate commerce substantially influencing trade among states is termed the positive aspect. Conversely, the negative aspect signifies that states lack the authority to regulate interstate commerce, often called the dormant (implied) commerce clause.
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