Commerce Clause

Commerce Clause is a provision in the United States Constitution that gives the United States Congress the power to regulate commerce with foreign nations, among the several states, and with the Indian tribes. It is found in Article I, Section 8, Clause 3 and is one of the most important powers delegated to Congress.

History

The Commerce Clause was included in the Constitution to address the economic disarray that resulted from the Articles of Confederation. Under the Articles, states had the power to impose tariffs and other trade barriers, which led to economic conflict among the states. The framers of the Constitution sought to remedy this problem by giving Congress the power to regulate commerce.

Interpretation

The interpretation of the Commerce Clause has evolved over time. In the early years of the nation, the United States Supreme Court interpreted the clause narrowly, limiting Congress's power to regulate commerce to trade and exchange of goods. However, in the 20th century, the Court expanded the interpretation of the clause to include any economic activity that has a substantial effect on interstate commerce.

Impact

The Commerce Clause has had a significant impact on federalism in the United States. It has been used to justify a wide range of federal laws, from civil rights legislation to environmental regulations. However, it has also been the subject of controversy, with some arguing that it gives the federal government too much power over the states.

See also

• United States Constitution
• United States Congress
• United States Supreme Court
• Federalism in the United States

References

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