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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 should be read in light of the Constitution’s purpose: to empower Congress to address problems among the several states that the states are separately unable to deal with effectively. This is precisely what it was unable to do under the Articles of Confederation.
modem Commerce Clause jurisprudence could be read as recogniz-ing the Commerce Clause as "a complete grant of power."'8 The Court abruptly departed from that mode in United States v. Lopez,9 where for the first time in nearly sixty years it invali-dated a statute as an unconstitutional exercise of the commerce
The Commerce Clause is the source of federal drug prohibition laws under the Controlled Substances Act. In a 2005 medical marijuana case, Gonzales v. Raich, the U.S. Supreme Court rejected the argument that the ban on growing medical marijuana for personal use exceeded the powers of Congress under the Commerce Clause.
Lopez marked the first time in over fifty years that the Court struck down a significant federal law on the basis of the Commerce Clause. The decision reflected the change on the Court created by Chief Justice Rehnquist as well as justices appointed by Presidents Ronald Reagan and George H. W. Bush.
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 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.
