Commerce Clause
Definition
A provision of the U.S. Constitution (Article I, Section 8) that gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes.
Analogy
Think of each state as a separate store within a large shopping mall. While each store can set its own rules internally, there needs to be some overarching rules for things like opening hours, sales promotions etc., which affect the entire mall. This is what the Commerce Clause does - it provides an overarching rule for trade activities among different 'stores' or states.
Related terms
Interstate Commerce: Trade between two or more states which can be regulated by federal government under the commerce clause.
Intrastate Commerce: Trade occurring within one state which cannot be regulated by federal government unless it affects interstate activity.
Supremacy Clause: Part of Article VI of the Constitution stating that all laws made furthering the Constitution and all treaties made under authority of United States are supreme law of land.
"Commerce Clause" appears in:
Study guides (2)
Practice Questions (6)
What power does the commerce clause grant and to who?
What might occur if the Supreme Court interprets the Commerce Clause broadly?
Which Supreme Court case paved the way for a broader interpretation of the Commerce Clause?
How has the Supreme Court's interpretation of the Commerce Clause influenced patterns within political systems?
What might have been an outcome if the Supreme Court had ruled differently in United States v. Lopez (1995), upholding Congress's power within the Commerce Clause?
In what significant way does United States v Lopez (1995) contrast with Printz v United States (1997) regarding Congress's authority under the Commerce Clause to regulate firearms?
Resources
© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.