Question

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the
Select one:
0 a. dormant aspect.
O b. positive aspect.
C. active aspect.
d. negative aspect.

Answer 1

Answer:

Option B (Positive aspect)

Explanation:

Under United States supreme ruling on commerce clause,there are two aspects of the commerce clause: the positive aspect and the negative, or dormant aspect.

The provision in Article I, section 8, of the United States Constitution, the national government has the exclusive authority to regulate commerce that substantially affects trade and commerce among the states. This express grant of authority to the national government, which is shown in Gibbson vs. Ogden in which the Court decided that the federal government has exclusive power over interstate commerce.

Therefore,the commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the positive aspect. While, Negative aspect is that the states do not have the authority to regulate interstate( Involving, existing between, or connecting two or more states.)commerce. This negative aspect of the commerce clause is often referred to as the "dormant" (implied) commerce clause.