What is the commerce clause?
Computers and Technology · High School · Thu Feb 04 2021
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The Commerce Clause refers to a provision in the United States Constitution that grants Congress the power to regulate commerce with foreign nations, among the several states, and with the Native American tribes. Found in Article I, Section 8, Clause 3, the exact text reads:
"The Congress shall have Power To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
In essence, the Commerce Clause has been a key vehicle for the expansion of federal power, especially regarding economic matters. Over the years, interpretations of what constitutes "commerce" and what it means to "regulate" have varied, leading to landmark Supreme Court cases that have both expanded and constrained Congress's regulatory powers.