Understanding the Commerce Clause

Introduction

• The Commerce Clause is part of the United States Constitution.
• It is a major source of Congress's power to pass laws.

Constitutional Power Distribution

• Constitution assigns powers to different branches of the federal government:
  • Some power is assigned to the federal government.
  • Some power is reserved for the states.
  • Some power is shared between state and federal government.
• Federal government actions must derive power from the Constitution.

Authority to Pass Laws

• Congress needs authority from the Constitution to pass a law.
• Without constitutional authority, a law is deemed unconstitutional.
  • Analogy: Like needing certification to fly a jet.

Article 1, Section 8, Clause 3

• Provides Congress authority to regulate commerce:
  • With foreign nations.
  • Among the different states.
• Referred to as the "Interstate Commerce Clause."
• Also covers commercial activity with other countries, known as the "International Commerce Clause."
  • Together called the "Commerce Clause."

Application of the Commerce Clause

• Congress cannot pass any law it wants; it needs a constitutional basis.
• Key Question: Is a law related to interstate or international commerce?
  • Example: A law on truck safety must relate to interstate commercial activity to be constitutional under the Commerce Clause.

Engagement and Additional Resources

• Discuss the Commerce Clause or related US law topics on message boards.
• Visit the speaker's blog for more information.
• Submit comments or reach out via email for further discussion.