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Environmental Policy: Supreme Court, States Rights, Interstate Commerce Clause

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Discuss the relationship between the Interstate Commerece Clause and environmental law and how a states rights oriented Supreme Court is a danger to national solutions to environmental problems

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Solution Summary

A concise and informative discussion that gives insight on the relationship between the Interstate commerce Clause and Environmental Law. It also discusses why A supreme Court focused on State Rights is a danger to the achievement of national solutions for envionmental issues.

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In brief, the interstate commerce clause has generally allowed federal intervention into areas controlled by states. Classically this has been in the area of civil rights (see Brown v. board of education). There is always some debate over the scope of this clause in the constitution, particularly since the interstate commerce is not directly related to some of the federal interventions it has been used to justify. If the scope of the interstate commerce clause were reduced through a states-rights Supreme Court, then these federal interventions ...

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