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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 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".
ArtI.S8.C3.1 Overview of Commerce Clause; ArtI.S8.C3.2 Meaning of Commerce; ArtI.S8.C3.3 Meaning of Among the Several States in the Commerce Clause; ArtI.S8.C3.4 Meaning of Regulate in the Commerce Clause; ArtI.S8.C3.5 Historical Background. ArtI.S8.C3.5.1 Sherman Antitrust Act of 1890 and Sugar Trust Case
To address the problems of interstate trade barriers and the ability to enter into trade agreements, it included the Commerce Clause, which grants Congress the power "to regulate Commerce with foreign Nations, and among the several 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.
ArtI.S8.C3.9.1 Scope of Commerce Clause Authority and Indian Tribes ArtI.S8.C3.9.2 Restrictions on State Powers, Indian Tribes, and Commerce Clause Clause 4 Uniform Laws
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 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.
The Commerce Clause grants the United States Congress power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Article 1, Section 8, Clause 3 of the United States Constitution).
One unique facet of the Commerce Clause is how it delineates the division of authority between federal and state governments, encapsulating the principle of federalism that is central to the Constitution's purpose.