Define: Commerce Clause

Commerce Clause
Commerce Clause
Full Definition Of Commerce Clause

The Commerce Clause is a provision in the United States Constitution that grants Congress the power to regulate commerce among the states. This clause has been interpreted by the courts to give Congress broad authority to regulate various aspects of interstate commerce, including the regulation of goods, services, and activities that have a substantial effect on interstate commerce. The Commerce Clause has been used as a basis for numerous federal laws and regulations aimed at promoting fair competition, preventing discrimination, and ensuring the free flow of goods and services across state lines.

Commerce Clause FAQ'S

The Commerce Clause is a provision in the United States Constitution that gives Congress the power to regulate commerce between states, with foreign nations, and with Native American tribes.

The Commerce Clause allows Congress to regulate a wide range of economic activities, including interstate trade, transportation, and communication.

States are generally prohibited from regulating interstate commerce under the Commerce Clause, as this power is reserved for Congress.

Congress can regulate purely intrastate commerce if it has a substantial effect on interstate commerce, as established in the landmark case of Wickard v. Filburn.

The Commerce Clause has been used to regulate non-economic activities if they have a substantial effect on interstate commerce, as seen in cases involving civil rights and environmental regulations.

The Commerce Clause can be used to regulate internet commerce if it involves interstate trade or communication.

The Commerce Clause has been used to regulate firearms, particularly in cases involving the interstate sale and transportation of firearms.

The Commerce Clause has been used to regulate drug trafficking, as it involves interstate trade and transportation.

The Commerce Clause has been used to regulate environmental protection, particularly in cases involving pollution that crosses state lines.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 5th April 2024.

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