Family Case
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Introduction
In the modern day businesses and society, law has been branded as one of the integral parts. As it is stated in the U.S Constitution in Article VI, including all laws made under it, “Shall be the supreme Law of the Land”. As such, these laws as stipulated in the U.S constitution tend to affect persons, whether individual or entities, and guide them on day today affairs. This is the theme of this paper. Therefore, this paper aims at dealing with the laws related businesses, as well as, the authority, which has been bestowed to the congress under the article 1 section 8 of the U.S constitution, commonly acknowledged as the Commerce Clause. As such, in relation to the case of Cipollone vs. Ligget Group Inc et al., 505 U.S. 504 (1992), the paper will establish the roles and functions of law as it relates to the law industry.
As a definition, law is regarded as a body of rules of actions or even conducts usually designed by a regulatory authority and they have a binding force that is legal in its making (Melvin, 2011).
Foremost, law serves to regulate commerce among states. This can be derived from the consumer powers of the constitution where it is described that it is the congress broadest power a mandated by the constitution. As such, the congress excessive broad powers to pass law particularly in activities perceived to affect the interstate commerce irrespective of the manner. With reference to the case study, it is indicated that the congress chose specifically to regulate a particular form of advertising that is tobacco. As such, tobacco advertising was perceived as affecting the interstate commerce in the U.S.
Through the Congresss authority, roles of the law exist in various forms. Foremost, it regulates both the interstate and the intrastate commercial activities. Through its authority, the Congress regulates the channels used by interstate commerce including railways and highways. In addition to this, the Congress regulates the instrumentalities associated with the state commerce including vehicles used to make shipments. Further, the Congress serves to regulate articles that are moved in interstate commerce. For those commercial activities that do not go beyond the boarders of any particular state, usually considered as purely intrastate, the Congress sets in to regulate the activity. However, for the congress to engage its regulatory authority, such activities ought to have a substantial economic effect the commerce of a particular state. According to Melvin (2011), a huge volume of seemingly intrastate activity in the dynamics of the contemporary commercial world is characterized with some extent of economic effect on commerce in the interstate scene. It is acknowledged by PPP that the U.S Supreme Court sought to defer regulation of a product to the Congress, provided that the product is cultivated for non commercial purposes in only one state as sufficiently related to the interstate commerce.
Another role of the law is legislating for civil rights. Indeed, this is a key area that federal commerce power has been sufficiently in force. As