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Commerce clause, provision of the U.S. Constitution (Article I, Section 8) that authorizes Congress ‘to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.’ The clause serves as the legal foundation of much of the government’s regulatory power.
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, among states, and with the Indian tribes.”
The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
The Commerce Clause gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce. Early Supreme Court cases primarily viewed the Commerce Clause as limiting state power rather than as a source of federal power.
The text of the Commerce Clause raises at least three questions of interpretation: What is the meaning of "commerce"? What is the meaning of "among the several states"? And what is the meaning of "to regulate"?
The Commerce Clause gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce. Early Supreme Court cases primarily viewed the Commerce Clause as limiting state power rather than as a source of federal power.
1 Οκτ 2022 · The Commerce Clause is a provision of the U.S. Constitution (Article 1, Section 8) that grants Congress the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
