U.S. Constitution’s Commerce Clause

Article I, Section 8, Clause 3

What is the Commerce Clause?

The clause states that the United Sates shall have power "To regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes." The constitutional authority for this clause is the Necessary and Proper Clause, which expands the power of law makers. The significance of this clause is that it provides powers to the United States over seas. The original intent of this clause was to eliminate rivalry to a group of states that had commercial advantage due to their location to sea ports. This clause also ensures the flow of goods without the fear of a state restraint.

Effectiveness of the Commerce Clause

The effectiveness of this clause is based on interpretation. With a loose interpretation, Congress has the ability to regulate commerce in many areas. Otherwise, the power to regulate would fall into the hands of the state government.