Commercial Clause

Article I, Section 8, Clause 3 (the interstate commerce clause) and Article VI, Clause 2 (the

In Article I, Section Eight, of The United States Constitution the Commerce Clause is introduced. The Commerce Clause gives congress the power to regulate interstate commerce between the United States and foreign nations. The Clause has been used multiple times throughout United States history. Gibbons vs. Ogden was one of the first times the Commerce Clause came into play which changed the federal government’s role in interstate commerce. Because of this, the federal government was known for having complete power over any international commerce. This connects to federalism because it is seen as “both a grant of congressional authority and as a restriction on the regulatory authority of the States”. (Francone)

They made sure to change that in the Constitution. Now they are allowed to regulate trade between any and all states. They can also make sure the states follow the National laws in which the government was trying to enforce. And finally the biggest difference is the passage of amendments. Through the Articles Of Confederation, to change any bit of it they needed all 13 States approval. This made is extremely hard for the Articles to get an amendment in any way considering that every state had a different opinion on any view brought up in Congress. The big key in the Constitution is that you just need the majority, otherwise known as the two-thirds rule. You need two-thirds of Congress to accept an amendment to the Constitution to add it. Considering how much easier it is to bring in an amendment to the Constitution it makes our country a lot easier to establish fairness for everyone. During the years of the Articles Of Confederation not a single amendment was added. From the years of the Constitution there has been a total of 27 amendments. The most important however are known as the Bill Of Rights, or the first ten amendments.

Ogden was brought in front of Chief Justice, John Marshall (New York State Library, “Steamboat Timeline”). He will examine the Commerce Clause of Article 1, section 8 (“McBride, “Landmark Cases”). The clause read that “Congress shall have power to regulate commerce among the several states.” They first examined the word “commerce” which meant more than just articles of interstate trade but also, how the articles will navigate among the states (“McBride, “Landmark Cases”). This is where the U.S. Supreme Court ruled that the Commerce Clause states that the federal government has the power to govern the interstate commerce among several states (“McBride, “Landmark Cases”). The decision invalidated the monopoly that the New York Legislature granted to Livingston, Fulton and especially to Ogden (McBride, “Landmark Cases”). As the result of this ruling, in-state licensing on waterways ended and competition was encouraged. This delighted Vanderbilt. This ruling will later benefit Vanderbilt when he leaves Gibbons to start his own steamboat business n 1829

This article, "The Necessary and Proper Clause" also known as "The Elastic Clause," gives Congress the power to broaden its powers and keep Federal balance. Supreme Court Justice Marshall presents an argument that supports Congress' regulation over all commerce. He clearly says, "It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." Where the Constitution states, "Congress shall have power to regulate commerce with foreign nations, among the several States, and with the Indian tribes," the word "among" means intermixed with. Commerce may concern more than one state, therefore Congress needs to act "within the territorial jurisdiction of the several states" The Supreme Court held that the power of Congress includes navigation within its limits in every State. Any state activity that attempts to regulate interstate commerce is completely unconstitutional because in dealing with interstate commerce, it can be inferred from the Constitution that the Federal government must regulate interstate commerce. The Constitution did not provide states with the power to regulate commerce between states so it is imperative that the federal government intercedes. Although the only

The Commerce Clause grants Congress the power “[t]o regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Despite its silence as to the effect of that affirmative power, federal courts have recognized the Framers’ wish to create a unified national market and have found a dormant congressional authority in it. Since the landmark case of Gibbons v. Ogden (1824), that dormant authority has limited state regulations that burden interstate commerce, even in the absence of congressional regulation. Congress has the power only to restrict the scope of permissible state regulation but it does not absolutely preclude states from affecting commerce. "[T]he states retain authority under their police powers to regulate matters of 'legitimate local concern', even though interstate commerce may be affected." A challenged statute is upheld if its effect on interstate commerce is merely incidental. On the other hand, a state regulation that is facially or practically discriminatory will be defeated unless it shows a legitimate local purpose that cannot be accomplished by any less discriminatory alternatives.

Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, “Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” This clause has no definite interpretation, but has included many aspects of regulating. The word “commerce” is defined as the exchange or buying and selling of commodities on a large scale involving transportation from place to place (Webster 264). Congress has exercised this delegated power in many cases. The nature and basic guidelines of Congress’ power over commerce is first laid out in the case of

Constitution allows the central government with control over issues of national concern, while the state governments, for the most part, have ward over issues of residential concern. While the central government can authorize laws representing the whole nation, its forces are identified, or restricted; it just has the particular forces allocated to it in the Constitution. For instance, "Article I, Section 8 of the Constitution gifts Congress the ability to demand assessments, mint cash, announce war, set up post workplaces, and rebuff thefts on the high oceans. Any activity by the government must can be categorized as one of the forces counted in the Constitution." For instance, "the central government can control interstate trade compliant with the Commerce Clause of the Constitution, however has no energy to direct business that happens just inside of a solitary

The Commerce Clause is an enumerated power listed in the Constitution in Article 1, Section 8, and Clause 3. The Clause states that the United States Congress shall power, “To regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes.” The Commerce Clause represents one of the most fundamental powers delegated to Congress. The 5th Circuit Court of Appeals agreed with Lopez and reversed his conviction, holding that, “Section 922, in the full reach of its terms, is invalid as beyond the power of Congress under the Commerce Clause” (Source 1.)

The Supreme Court case United States v. Lopez (1995) set an important change to the Federalism era of cooperative, when it limited the power of Congress under the commerce clause for the first time. The Courts in this case took into the account not the board powers of Congress which have received extreme expansive over the years through interpretation but the limitations of these powers. According, to Gibbons v Ogden, the commerce power “is complete in itself, may be excised to its utmost extent, and knowledge’s no limitations, and other than are prescribed in the constitution.” However, there is limitation here too, the Gibbons Court points out. “Commerce power does not comprehend that commerce, which is completely internal and does not extend

Since the national government was so weak under the Articles of Confederation, a power Congress was given when writing the constitution was “to regulate Commerce with foreign nations and among the several states” , under Article 1, Section 8, the Commerce Clause.

From the birth of the Constitution of the United States in 1787 to the Supreme Court cases of the 21st century, the interpretation of the Commerce Clause has been a great source of controversy in the Supreme Court. Simply put, the Commerce Clause grants power to Congress to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” . When interpreted leniently, the Commerce Clause can give vast powers to Congress to regulate interstate commerce and any action leading up to it. In Wickard v Filburn, a very lenient interpretation of the clause gave Congress the power to regulate

The Article 1, section 8 of Constitution has highly increased the power of congress. Though the clause 1, the first power given to congress by the Constitution is the power to tax, and Congress also has the power to levy tariffs but it’s not allowed to charge more for imports into one state than into another. Then congress control the nation’s Finance and it’s make it has enough power to effect the politic. In the clause 2, congress are able to borrow money on the credit of the United State. It’s does offer any politic power to use, but its help the congress expansion the resource they can used. In the clause 3, congress has the power to impose regulations on interstate and international business, this clause given congress the power to manage the economic and business between the states and foreign Nations. This is a pretty trick clause, because this clause is too powerful to effect so many things, the judges used to understand this clause narrowly. Since 1930s, under the effluence of new deals, the Article 1, section 8, clause 3 allowing the government to regulate all kinds of economic activity, like setting a national minimum wage or setting the limit working hours in factory. Under the clause 4, the congress have the power to decide the rule of immigrant to citizen, and in other hand, congress have the power to setting rule for hopelessly indebted people and businesses to declare bankruptcy. Clause 5 is another important clause which expansion the power of congress to