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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".
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.
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."
Most importantly, the Supreme Court held that activity was commerce if it had a “substantial economic effect” on interstate commerce or if the “cumulative effect” of one act could have an effect on such commerce.
Clause 3 Commerce. 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.
The Interstate Commerce Clause, found in Article I, Section 8, Clause 3 of the United States Constitution, is a fundamental provision that has played a significant role in shaping the American economy and legal landscape.
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.
Interstate commerce was defined by the act to mean “trade, commerce, transportation, transmission, or communication among the several States or from any State to any place outside thereof.”
Congress frequently invokes the Commerce Clause, and specifically the so-called Interstate Commerce Clause that addresses commerce “among the several states,” as the authority for a variety of legislation regulating domestic activity.