What is Commerce Clause?

Describes an enumerated power granted to Congress in the U.S Constitution to regulate commerce relationships. This power is delineated into 3 categories when discussed: commerce between foreign countries, commerce between the states of the US, and Native American nation commerce.

The application of the Commerce Clause over the decades has either expanded or contracted the powers of Congress. Between the years of 1800 and 1836, the authority granted by the Commerce Clause gave congress administrative power over statewide commerce activities. After 1938, the Commerce Clause gave Congress vast all-encompassing federal control over commerce activities within the U.S. However during the time of the Rehnquist Court era, the Commerce Clause restricted Congress’ authority to trade activities and production.

The Commerce Clause has far-reaching implications and has, depending on its application, on almost every area of commerce imaginable.

There are specific landmark court cases that fleshed out the application of the Commerce Clause and Congress’ jurisdiction. They include:

  • Gibbons v. Ogden: the outcome of this case meant that Congress had the authority to facilitate interstate commerce and thus included the authority to control interstate navigation.
  • United States v. Lopez: the outcome of this case meant specific commerce activities including production, mining, and manufacturing, etc., should be controlled by state governments and therefore not under federal purview.
  • Kidd v. Pearson: the outcome of this case resulted in the federal prohibition of the production of liquor for shipment across state lines. This case also had ramifications in agriculture, oil, electricity generation, and more.
  • Wickard v. Filburn: the outcome of this case gave Congress the authority to enforce national quotas on wheat grown for personal consumption on an individual’s property.
  • Heart of Atlanta Motel v. United States: this case bolstered the Civil Rights Act of 1964, aiming to protect black citizens from experiencing discrimination from businesses. The ruling allowed Congress to regulate business operations serving a significant population of interstate travelers.

What people ask…

What is the Commerce Clause of the US Constitution?
What is the Commerce Clause in simple terms?
What is the purpose of the commerce clause?
What is the commerce clause and why is it important?

Back to All Terms