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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 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"?
21 Αυγ 2024 · Applies to state laws conflicting with valid exercises of Commerce Clause power; Involves complex analysis of statutory interpretation and federalism principles; Commerce Clause and civil rights. Demonstrates use of commerce power to address social issues beyond economics
According to the Commerce Clause, the U.S. Congress shall have the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” With reference to the Commerce Clause, what is a value in having the federal government regulate interstate commerce?
The Commerce Clause is a provision in the United States Constitution that grants Congress the power to regulate interstate commerce, which has been interpreted to include not only trade between states but also activities that substantially affect interstate commerce.
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 is the basis on which the federal government regulates interstate economic activity. The phrase “interstate commerce” has been subject to differing interpretations by the Supreme Court over the past one hundred years.
