Lecture Notes: Commerce Power and the U.S. Constitution
Introduction to the Commerce Power
Commerce Power: Found in Article 1, Section 8, Clause 3 of the U.S. Constitution.
Grants Congress the authority to regulate interstate commerce.
Historical Context: Initially, the Commerce Power's scope was not clear and has been refined over time through practice and judicial interpretation.
Gibbons v. Ogden (1824)
Key Case: Clarified that Congress can regulate interstate commerce, while states retain the power to regulate intrastate commerce.
Facts of the Case:
Mr. Ogden had monopoly power over steamboat operations from New York to New Jersey.
Mr. Gibbons challenged this monopoly, leading to a Supreme Court decision.
Supreme Court Decision:
Asserted Congress's power to regulate interstate commerce.
Broke Ogden's monopoly, affirming Gibbons's right to operate.
Impact: Established a precedent for Congress's broad authority under the Commerce Clause.
Evolution of Commerce Power
Early 19th Century: Limited federal government intervention; states managed local economies.
Industrialization:
Increased interstate commerce complexity.
Necessitated Congress's involvement in regulating national and industrial growth.
Introduction of laws like the Sherman Antitrust Act to regulate monopolies.
Commerce Clause and Civil Rights
Civil Rights Act: Leveraged the Commerce Clause to prohibit racial discrimination in interstate commerce activities.
Demonstrated the broad interpretation of interstate commerce (e.g., use of products sourced from other states).
Federal Criminal Law and Commerce
Firearms and Interstate Commerce:
Federal criminal laws developed as firearms are considered to travel in interstate commerce.
Allowed Congress to write new laws under the Commerce Clause.
Supreme Court and Congressional Power
Regulations on Commerce:
Historical challenges to Congress’s authority over minimum wage, child labor, and working conditions were upheld as constitutional.
Modern Cases:
Mid-1990s: Supreme Court struck down the Gun-Free School Zones Act and Violence Against Women Act under the Commerce Clause.
More recently upheld Congress's power under the Controlled Substances Act for medicinal marijuana regulation.
Affordable Care Act: Limited Congress's power under the Commerce Clause, allowing action only under taxation authority.
Current State
Judicial and Legislative Dynamics: Ongoing dialogue and legal interpretation between Congress and the Supreme Court regarding the boundaries of the Commerce Clause Authority.