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Congress’s Power to Regulate Commerce
Have you ever wondered how the U.S. government manages trade and commerce? The answer lies in a special part of the U.S. Constitution called the Commerce Clause. This clause is a key piece in Article I, Section 8, Clause 3 of the Constitution. It gives Congress the power to oversee and manage trade and commerce in three main areas: with foreign countries, between different states, and with Native American tribes. In this piece we focus on interstate commerce. The part of the Constitution that refers to it is often called the “power over interstate commerce”. Think of it as a tool that Congress uses to make sure that trade and business across state lines runs smoothly. It is really important because it affects so many parts of our everyday lives — from the prices of the things we buy, to how businesses operate, to the environment. Over the years, the U.S. Supreme Court has made several decisions that help clarify and sometimes limit this power of Congress.
Article I, Section 8, Clause 3 (“Commerce Clause”):
[The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . .
The Scope of the Commerce Clause
The interstate commerce power, has been broadly interpreted by the courts, allowing Congress to…
