Definition
The Commerce Clause appears in Article I, Section 8. It authorizes Congress to regulate interstate and foreign commerce and has supported a broad range of federal economic and regulatory laws.
Political Dictionary
Commerce Clause
The Commerce Clause gives Congress power to regulate commerce among states, with foreign nations, and with Indian tribes.
Why It Matters
Its interpretation helps define the boundary between federal and state authority.
How It Works
Congress enacts laws connected to interstate economic activity, while courts review whether the connection is constitutionally sufficient.
History
Supreme Court decisions have alternately expanded and limited the clause’s reach across different eras.
Example
Federal regulation of goods moving across state lines rests partly on the Commerce Clause.
Common Misconceptions
- The clause covers only buying and selling.
- It allows Congress to regulate any activity without limit.
- States have no authority over commerce.
Related Terms
Related Topics
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