The Commerce Clause of the US Constitution pertains to the Article 1, Section 8, Clause 3 of the Constitution, which is generally the law that enables the congress to control commerce to foreign nations and between states and the Indian tribes.
Historically, the Commerce Clause is the source of disagreement concerning the Federal Congressional Power and the State’s rights. Certain powers were enumerated for the Federal Government and any powers that are not itemized are generally reserved to the states through the Tenth Amendment. The justification of the Congress’s legislation over the states’ and citizen’s activities is made through the Commerce Clause. This further leads to the trivial matter between the federal government and the states.
In addition, the Clause is viewed historically as the granting of congressional authority as well as the control in regulation powers of the states. One type of Commerce Clause is the dormant commerce clause, which pertains to the prohibition of states that pass legislation to discriminate the excessive burdens of interstate commerce.
Commerce is a term that is not defined by the constitution and this has been the source of argument that the term simply means trade or exchange. The definition of commerce will affect mostly the division of federal and state power.
The Commerce Clause is utilized in justification of the use of federal laws in some non-interstate matters. During the early days, the regulation of interstate commerce encompasses the power in regulation of interstate navigation, which is ruled by the Supreme Court. Furthermore, the Clause is used efficiently in the limitation of the federal government’s legislation in the early years. Zilch Pay Later
Later, the Court has acknowledged much broader grounds wherein the Clause may be used in order to regulate the interstate activity and if the activity is considered commerce if it has a substantial effect on the economy of interstate or if it has a cumulative effect on the commerce.
Moreover, the Civil Rights Act of 1964 has outlawed the segregation and restriction/prohibition of African-Americans that is passed under the Clause. It allowed the federal government to get a case charged on non-state persons and also given the equal protection. It came to a point that this was not done because of the Fourth Amendment that limited the function to state persons. The Supreme Court has established that the Congress has the power to regulate businesses that are mostly in the interstate travelers.
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