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Law
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English (U.S.)
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Topic:
Importance of Commercial Clause and its Role
Essay Instructions:
wk 2
The federal government must rely on specific powers granted by the Constitution to pass criminal laws.
*Discuss the importance of the Commerce Clause and the jurisdictional power it grants to the federal government to enact criminal laws.
Before one can be punished for committing a crime, the prosecution must prove two essential elements exist.
*Identify what is meant by mens rea and actus reus and what the burden of proof is for a criminal conviction. How is the burden of proof different for civil cases?
Essay Sample Content Preview:
Commercial Clause and Criminal Conviction
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Commercial Clause and Criminal Conviction
Importance of Commercial Clause and its Role
The United States Constitution’s Commerce Clause plays an essential role in representing one of Congress’s key sources of legislative authority. Although its texts neither clearly highlight nor alludes to citizens’ wellbeing, its interpretation by the nation’s Supreme Court has hindered or promoted efforts to attain hallmark legislation impacting public health. In this vein, the Commerce Clause vests potential broadened power in Congress to enact law reforms inclined to address various matters. The Commerce Clause holds that “Congress shall have powers to regulate commercial activities within states.” Therefore, Congress has depended on such provisions to pass laws addressing public health issues, including drug labeling, child labor regulations, minimum wage, environmental protection, and employment conditions, as well as statutes tailored to mitigate gender-driven violence (Rosenbaum, Rutkow, & Vernick, 2011).
Evidentiary Requirements and Proof Burdens
“Actus reus” is the act or physical conduct associated with a particular crime, ...
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