The Power of Congress and the Commerce Clause

Paper Summary:

The purpose and scope of the Commerce Clause has been the topic of debate in many court decisions. Over the years, the Supreme Court has interpreted the Commerce Clause as a grant of power to the federal government and a limitation on the authority of individual states. One of the first issues to reach the Supreme Court was whether the power granted to Congress via the clause also inferred that the states are, thereby, precluded from local regulation of interstate and foreign commerce. This paper details, through case law examples, how this grant of power has been used, and sometimes abused, by the federal government.

From the Paper:

"Article 1, Section 8, of the United States Constitution authorizes Congress to legislatively "regulate commerce with foreign nations, and among the several states, and with the Indian tribes." This Clause, though not infinite, is the means by which Congress regulates domestic affairs. Despite the implied extent of the commerce power, the Supreme Court has found that Congress has often overstepped its boundaries with respect to economic activity that should be reserved for individual states."

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