"The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3)."
The clause in Article I of the Constitution that gives Congress the power to regulate commerce among the states, and with foreign nations.
History and Background of the Commerce Clause: This topic covers the historical background of the Commerce Clause and how it was incorporated in the Constitution.
The Text of the Commerce Clause: This topic covers the exact words of the Commerce Clause and how it has been interpreted by the courts.
Definition of Commerce: This topic covers the definition of commerce and how it has been understood by the courts.
The Original Intent of the Commerce Clause: This topic covers the original intent behind the Commerce Clause and how it has been applied in modern times.
The Scope of the Commerce Clause: This topic covers the scope of the Commerce Clause and how far-reaching it is.
The Dormant Commerce Clause: This topic covers the Dormant Commerce Clause and how it relates to state laws.
Important Supreme Court Cases: This topic covers important Supreme Court Cases such as Gibbons v. Ogden, Wickard v. Filburn, and Lopez v. United States.
Federalism and the Commerce Clause: This topic covers the relationship between federalism and the Commerce Clause and how it has been interpreted by the courts.
The Impact of the Commerce Clause: This topic covers the impact of the Commerce Clause on modern society and the role of government in regulating commerce.
The Future of the Commerce Clause: This topic covers the future of the Commerce Clause and how it will be interpreted by the courts in the years to come.
The original understanding: This interpretation holds that the Commerce Clause was only intended to give Congress authority over the buying and selling of goods and services across state lines, or between the US and foreign countries.
The substantial effects test: This interpretation allows Congress to regulate any activity, even if it occurs entirely within one state, if it has a significant economic impact on interstate commerce.
The dormant Commerce Clause: This principle, also called the negative Commerce Clause, prohibits states from passing laws that discriminate against or unduly burden interstate commerce.
The aggregation principle: This interpretation allows Congress to regulate individual instances of purely local activity if, when considered together with similar activity across the country, they have a substantial effect on interstate commerce.
The modern expansive interpretation: This interpretation gives Congress broad authority to regulate anything related to interstate commerce, including inactivity or failure to act, as long as there is a rational basis for believing that the regulation will promote or protect interstate commerce.
"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'."
"It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause."
"Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause."
"As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers."
"During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction over numerous aspects of intrastate and interstate commerce as well as activity that had traditionally been regarded not to be commerce."
"Starting in 1937, following the end of the Lochner era, the use of the Commerce Clause by Congress to authorize federal control of economic matters became effectively unlimited."
"Since United States v. Lopez (1995), congressional use of the Commerce Clause has become slightly restricted again to be limited to matters of trade or any other form of restricted area (whether interstate or not) and production (whether commercial or not)."
"The Commerce Clause is the source of federal drug prohibition laws under the Controlled Substances Act."
"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."
"The Court relied heavily on a New Deal case, Wickard v. Filburn, which held that the government may regulate personal cultivation and consumption of crops because the aggregate effect of individual consumption could have an indirect effect on interstate commerce."