The commercial Clause includes article 1, section 8, clause 3 of the United States constitution. It forms a segment of power enumerations of the United States of America congress. The commercial clause is very significant to businesses for it gives the Congress the power and the ability to regulate commerce. The Congress through the commercial clause is able to control the way the federal governments and other foreign states to ensure that businesses are not oppressed and discriminated. It ensures and controls the way business is conducted preserving and protecting all the rights to business (Sidlow & Henschen, 2016).

The Supremacy Clause stipulates that all other laws reference the federal law dictating it as the “Supreme law of the land”. The supremacy Clause significantly establishes that the federal law should take precedence over the state constitution and law. The supremacy clause merges the national government and all the states into a one governmental and constitutional unit, that is, the federal government. This serves businesses with an advantage of equal treatment, a treatment that cuts across all the states. This constitutes to equal grounds of operation and opens a chance for every business equally with any form of discrimination or biased favor (Sidlow & Henschen, 2016).

Based on the Supremacy Clause, the doctrine of preemption, the federal preempts the state law even in occurrences when there occurs a conflict between the state law and the federal law. As the per the provisions of the doctrine of preemption, a federal court exercises the power

to stop the state from any kind of behavior that it identifies as interfering or conflicts the federal law. To businesses, the doctrine of preemption serves them an advantage in that, in case the state law turns oppressive or discriminatory, the federal law can overturn such state law rulings. Under the doctrine of preemption, businesses enjoy the upholds of the state law, but if state law conflicts and does not protect the businesses, the federal law takes effect (Sidlow & Henschen, 2016).

 

Reference

Sidlow, E. & Henschen, B.  (2016). GOVT 9. Cengage Learning.