Commerce Clause
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."
Why is the Commerce Clause so important to Congress?
The Commerce Clause is so important because it might be Congress’ greatest control over what occurs in various states throughout the country. In other words, it is probably Congress’ greatest power. Congress’ ability to “regulate commerce” has proven to be a very important way in which the federal government regulates the states.
How does Congress regulate commerce with the States?
Congress’ ability to “regulate commerce” has proven to be a very important way in which the federal government regulates the states. Congress has used the power of the Commerce Clause, for example, to pass laws prohibiting racial discrimination in local restaurants, such as in the famous decision in Katzenbach v.
Is the Commerce Clause a grant or a restriction?
The Commerce Clause has historically been viewed as both a grant of congressional authority and as a restriction on the regulatory authority of the States.
When did the Supreme Court start using the Commerce Clause?
From about 1905 until about 1937, the Supreme Court used a narrow version of the Commerce Clause. However, beginning with NLRB v. Jones & Laughlin Steel Corp, 301 U.S. 1 (1937), the Court recognized broader grounds upon which the Commerce Clause could be used to regulate state activity.
What is the Commerce Clause and why is it important quizlet?
The commerce clause gives Congress the power to regulate commerce with foreign nations, Indian tribes, and among the various states. Thus a state may not establish trade barriers against goods from another state, and so could not limit the economic growth of that state.
Who does the Commerce Clause benefit?
The Commerce Clause regulates commerce between the United States and foreign nations, interstate commerce, and commerce with the Indian tribes. This is interpreted to mean that the Commerce Clause gives the United States Congress the right to regulate and oversee all these three sections of the American economy.
Why was the Interstate commerce important?
The Interstate Commerce Act addressed the problem of railroad monopolies by setting guidelines for how the railroads could do business. The act became law with the support of both major political parties and pressure groups from all regions of the country.
How does the Commerce Clause protect business?
Article I, Section 8, specifically grants to the Federal Government the right to regulate commerce among the several states. This is known as the Commerce Clause. Simply put, the Commerce Clause allows the Federal Government to regulate any activity that affects interstate commerce.
What is the commerce power and why is it important?
What is the commerce power and why is it important? The commerce power is the power of Congress to regulate interstate and foreign trade. It is important because the commerce clause has been the primary way in which Congress has expanded the regulatory powers of the federal government over the past 100 years or so.
What was the impact of the Interstate Commerce Act?
The Interstate Commerce Act showed that Congress could apply the Commerce Clause more expansively to national issues if they involved commerce across state lines. After 1887, the national economy grew much more integrated, making almost all commerce interstate and international.
How did the Commerce Clause expand federal power?
One point was earned for correctly explaining that “[t]he commerce clause has been used to expand the power of federal government over the states because as soon as trade becomes interstate, the federal government can step in and make laws over it that states must follow.” A second point was not earned for explaining ...
What was the purpose of the Interstate Commerce Act quizlet?
What was the main purpose of the Interstate Commerce Act of 1887? The Interstate Commerce Act was created to limit the monopolistic practices of the railroad industry.
How does the Commerce Clause expand federal power?
One point was earned for correctly explaining that “[t]he commerce clause has been used to expand the power of federal government over the states because as soon as trade becomes interstate, the federal government can step in and make laws over it that states must follow.” A second point was not earned for explaining ...
Does Commerce Clause enhance federal power?
Interpretations of particular clauses in the Constitution have led to an increase in federal power over time. The necessary and proper clause gives the federal government power to create laws that they deem “necessary and proper,” while the commerce clause gives the federal government power over interstate commerce.
What is an example of the Commerce Clause in action?
An example of this can be found in international trade dealings. For example if a company wants to distribute a product to another country, the agreement entered into is subject to federal laws and regulations. Second, it's argued that both Congress and the states possess simultaneous power to regulate commerce.
When did Congress use Commerce Clause?
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.
Why is the Commerce Clause used?
Congress has often used the Commerce Clause to justify exercising legislative power over the activities of states and their citizens, leading to significant and ongoing controversy regarding the balance of power between the federal government and the states . The Commerce Clause has historically been viewed as both a grant of congressional authority and as a restriction on the regulatory authority of the States.
What did the defendant argue about the Commerce Clause?
The defendant argued that the federal government had no authority to regulate firearms in local schools, while the government claimed that this fell under the Commerce Clause, arguing that possession of a firearm in a school zone would lead to violent crime, thereby affecting general economic conditions.
What is the meaning of the "dormant commerce clause"?
The “Dormant Commerce Clause" refers to the prohibition, implicit in the Commerce Clause, against states passing legislation that discriminates against or excessively burdens interstate commerce. Of particular importance here, is the prevention of protectionist state policies that favor state citizens or businesses at the expense ...
Which clause gives Congress the power to regulate commerce with foreign nations?
Overview. 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, and among the several states, and with the Indian tribes.
Which case ruled that intrastate commerce could be regulated under the Commerce Clause?
In Gibbons v. Ogden, 22 U.S. 1 (1824), the Supreme Court held that intrastate activity could be regulated under the Commerce Clause, provided that the activity is part of a larger interstate commercial scheme. In Swift and Company v. United States, 196 U.S. 375 (1905), the Supreme Court held that Congress had the authority to regulate local ...
When did the Supreme Court stop invalidating the Commerce Clause?
Shift To A Stricter Interpretation. From the NLRB decision in 1937 until 1995, the Supreme Court did not invalidate a single law on the basis of the Commerce Clause. In 1995, the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by returning to a more conservative interpretation ...
Which case ruled that Congress had the authority to regulate local commerce?
In Swift and Company v. United States, 196 U.S. 375 (1905), the Supreme Court held that Congress had the authority to regulate local commerce, as long as that activity could become part of a continuous “current” of commerce that involved the interstate movement of goods and services.
What is the history of the Commerce Clause?
2. A History of the Commerce Clause. The Commerce Clause definition states that Congress has the ability to regulate commerce between a variety of entities.
What does commerce mean in the Constitution?
In the Constitution, commerce means commercial and business activities in every form that take place between citizens who reside in different states.
What is extraterritorial commerce?
Extraterritorial commerce is commerce that takes place between citizens of two different countries. The original purpose of the Commerce Clause was to eliminate conflicts between states due to one states economic advantage because of their access to a harbor. Before the Commerce Clause was instituted, it was common for states to engage in economic ...
Why is the Constitutional definition of commerce unclear?
Because the Constitutional definition of commerce is unclear, there is no obvious division as to what types of commerce are controlled by the government and which type the states should regulate. In an 1824 court case known as Gibbons v. Ogden, the Supreme Court made an important ruling related to the Commerce Clause.
What is intrastate commerce?
This includes communications that are social in nature, including telephone calls, and people traveling between states whether it is for personal fulfillment or business. When commerce takes place within the borders of a single state, this is known as domestic commerce. This can also be called intrastate commerce.
Who can regulate commerce?
Based on this clause, Congress can regulate commerce with: Foreign countries. States in the U.S. Indian tribes. Traditionally, the commerce clause has been viewed in two ways. First, it provides Congress the authority to regulate commerce.
Which amendment states that states have the right to cite the Commerce Clause?
However, as stated in the Tenth Amendment, any powers not specifically delegated to the federal government are granted to the states. When Congress passes laws that dictate the economic activity of states and their citizens, they will usually cite the Commerce Clause.
