What does it mean to regulate commerce?

Asked By: Salimu Ugariz | Last Updated: 6th March, 2020
Category: news and politics law
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The Commerce Clause of the United States Constitution provides that the Congress shall have the power to regulate interstate and foreign commerce. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state.

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Then, what does it mean to regulate interstate commerce?

Interstate commerce refers to the purchase, sale or exchange of commodities, transportation of people, money or goods, and navigation of waters between different states. Interstate commerce is regulated by the federal government as authorized under Article I of the U.S. Constitution.

Furthermore, why is the commerce clause so important? The Commerce Clause is so important because it might be Congress' greatest control over what occurs in various states throughout the country. Congress' ability to “regulate commerce” has proven to be a very important way in which the federal government regulates the states.

Considering this, how does Congress regulate commerce?

Article I, Section 8, Clause 3: [The Congress shall have 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 the Congress by the founders.

Why is it important for Congress to regulate trade?

But a major reason for giving Congress authority to regulate foreign commerce was to enable Congress to keep out foreign goods. And a major reason for giving Congress power to regulate the Indian trade was allow Congress to block or limit sale of certain goods to the Natives, specifically liquor and firearms.

36 Related Question Answers Found

What is the power to regulate commerce?

The Commerce Clause of the United States Constitution provides that the Congress shall have the power to regulate interstate and foreign commerce. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state.

What is an example of interstate commerce?

Channels of interstate commerce include roadways, waterways, and airways. The Commerce Clause gives Congress the power to regulate activity in these areas even when the activity itself is solely within a particular state.

What do you mean by interstate?

noun. The definition of an interstate is one highway in a network of highways that connect the 48 connected United States. An example of an interstate is I-80.

What does intrastate mean?

existing or occurring within the boundaries of a state, especially of the United States: intrastate commerce.

What is considered intrastate commerce?


Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term “interstate commerce.”

Can states regulate commerce?

Under this interpretation, states are divested of all power to regulate interstate commerce. Second, it has been suggested that the Clause gives Congress and the states concurrent power to regulate commerce. Under this view, state regulation of commerce is invalid only when it is preempted by federal law.

What was the goal of the Interstate Commerce Act?

The Interstate Commerce Act of 1887 is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices. The Act required that railroad rates be "reasonable and just," but did not empower the government to fix specific rates.

What do you mean by federalism?

federalism. Federalism is a system of government in which entities such as states or provinces share power with a national government. Federalism helps explain why each state has its own constitution and powers such as being able to choose what kind of ballots it uses, even in national elections.

Does Congress have the power to regulate intrastate commerce?

Although it is also generally held that the states may almost exclusively regulate intrastate commerce, Congress in fact does have the power to regulate such commerce in certain situations.

What factors limit the powers of Congress?


Limits on Congress
  • pass ex post facto laws, which outlaw acts after they have already been committed.
  • pass bills of attainder, which punish individuals outside of the court system.
  • suspend the writ of habeas corpus, a court order requiring the federal government to charge individuals arrested for crimes.

How does commerce clause affect business?

The commerce clause gives Congress the exclusive power to make laws relating to foreign trade and commerce and to commerce among the various states.

What is the difference between the Commerce Clause and the dormant commerce clause?

The dormant commerce clause provides that the exclusive power granted to Congress through commerce clause, implies a negative consequence. Therefore, the dormant commerce clause limits the power individual states to legislate on such matters. Dormant commerce clause is not an express clause in the U.S. Constitution.

Who wrote the commerce clause?

Thirty-five years after ratification, in the 1824 case of Gibbons v Ogden117, John Marshall was called upon to decide whether navigation was included in the power of Congress to regulate commerce among the states118.

What is selective exclusiveness?

SELECTIVE EXCLUSIVENESS. Selective exclusiveness, or the Cooley doctrine, derives from the opinion of Justice benjamin r. Some Justices believed that Congress's power to regulate interstate and foreign commerce was an exclusive power and others that the states shared concurrent power over commerce.

Why was the Bill of Rights written?


The Bill of Rights: A History
The first 10 amendments to the Constitution make up the Bill of Rights. James Madison wrote the amendments, which list specific prohibitions on governmental power, in response to calls from several states for greater constitutional protection for individual liberties.

Does Congress have the power to declare war?

For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to declare War." However, that passage provides no specific format for what form legislation must have in order to be considered a "declaration of war" nor does the Constitution itself use this term.

What are the 3 categories of activities that can be regulated under the Commerce Clause?

This power is viewed as consisting of 3 categories of regulatory authority: (1) the power to regulate the channels of interstate commerce, (2) the power to regulate the instrumentalities of interstate commerce, and (3) the power to regulate local activities that have a substantial economic effect on interstate commerce