Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas as a separate power granted to Congress. It is therefore common to see references to the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause, each of which refers to the power granted to Congress in this section. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... The Congress of the United States is the legislative branch of the federal government of the United States of America. ...

The Commerce Clause has been the subject of intense constitutional and political disagreement centering on the extent to which Federal legislation may govern economic activity connected to interstate commerce but occurring within a state. Some have argued that the clause should be interpreted broadly to include a wide range of activities as related to commerce and the Supreme Court has often agreed with this interpretation.

History

Early years 1824-1936

In Gibbons v. Ogden (1824), Justice John Marshall ruled that the power to regulate interstate commerce also included the power to regulate interstate navigation: "Commerce, undoubtedly is traffic, but it is something more—it is intercourse ... [A] power to regulate navigation is as expressly granted, as if that term had been added to the word 'commerce' ... [T]he power of Congress does not stop at the jurisdictional lines of the several states. It would be a very useless power if it could not pass those lines." In the case of Gibbons v. ... 1824 was a leap year starting on Thursday (see link for calendar). ... Portrait of Chief Justice John Marshall John Marshall (September 24, 1755–July 6, 1835), Chief Justice of the United States and principal founder of American constitutional law and the Supreme Court of the United States power of judicial review. ...

In Swift v. United States (1905), the Court ruled that the clause covered meatpackers; although their activity was geographically "local," they had an important effect on the "current of commerce" and thus could be regulated under the commerce curve. The Court's decision halted price fixing. Stafford v. Wallace (1922) upheld a federal law regulating the Chicago meatpacking industry, because the industry was part of the interstate commerce of beef from ranchers to dinner tables. The stockyards "are but a throat through which the current [of commerce] flows," Justice Taft wrote, referring to the stockyards as "great national public utilities." 1905 was a common year starting on Sunday (see link for calendar). ... 1922 was a common year starting on Sunday (see link for calendar). ... Chicago (officially named the City of Chicago) is the third largest city in the United States (after New York City and Los Angeles), with an official population of 2,896,016, as of the 2000 census. ...

New Deal

The clause was the subject of conflict between the U.S. Supreme Court and the Administration of Franklin D. Roosevelt in 1935-37 when the Court struck down several of the President's "New Deal" measures on the grounds that they encroached upon intrastate matters. After winning the 1936 election by a landslide he proposed a plan to appoint an additional justice for each unretired Justice over 70. Given the age of the current justices this permitted a court of up to 15. Roosevelt claimed that this was not to change the rulings of the court, but to lessen the load on the older Justices, who he claimed were slowing the Court down. Seal of the Supreme Court The Supreme Court of the United States, located in Washington, D.C., is the highest federal court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States to interpret and decide questions of federal law, including the... Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... The New Deal was President Franklin D. Roosevelts legislative agenda for rescuing the United States from the Great Depression. ... Presidential electoral votes by state. ...

There was widespread opposition to this plan, but in the end the New Deal did not need it to succeed. In what became known as "the switch in time that saved nine," Justice Owen Josephus Roberts and Chief Justice Charles Evans Hughes switched sides in 1937 and upheld the National Labor Relations Act, which gave the National Labor Relations Board extensive power over unions across the country. In 1941 the Court upheld the Fair Labor Standards Act which regulated the production of goods shipped across state lines. In Wickard v. Filburn (1942) the Court upheld the Agricultural Adjustment Act as applied to wheat grown for homemade consumption. Owen Josephus Roberts (May 2, 1875 – May 17, 1955) was an Associate Justice of the United States Supreme Court for fifteen years. ... Portrait of U.S. Secretary of State and Chief Justice of the United States Charles Evans Hughes Charles Evans Hughes (April 11, 1862 – August 27, 1948) was a Governor of New York, a United States Secretary of State and Chief Justice of the United States. ... 1937 was a common year starting on Friday (link will take you to calendar). ... The National Labor Relations Act of 1935 (or Wagner Act) protects the rights of workers in the private sector of the United States to organize unions, to engage in collective bargaining over wages, hours, and terms and conditions of employment, and to take part in strikes and other forms of... In the United States the National Labor Relations Board (NLRB) is a five-person appointed federal agency charged with conducting elections for labor union representation and with investigating and remedying unfair labor pratices. ... 1941 was a common year starting on Wednesday (link will take you to calendar). ... The Fair Labor Standards Act (FLSA) of 1938 is federal legislation of the United States. ... Wickard v. ... 1942 was a common year starting on Thursday (link will take you to calendar). ... The United States Agricultural Adjustment Act (AAA) (P.L. 73-10 of May 12, 1933) restricted production during the New Deal by paying farmers to reduce crop area. ...

Civil rights

The wide interpretation of the scope of the commerce clause continued following the passing of the Civil Rights Act, which aimed to prevent business from discriminating against black customers. In Heart of Atlanta Motel v. United States (1964), the Court ruled that Congress could regulate a business that served mostly interstate travelers; in Katzenbach v. McClung (1964) the Court ruled that the government could regulate Ollie's Barbecue, which served mostly local clientele but sold food that had previously moved across state lines; and in Daniel v. Paul (1969), the Court ruled that the government could regulate an entire 232 acre (0.9 km²) recreational facility because three out of the four items sold at its snack bar were purchased from outside the state. Several United States laws have been called the Civil Rights Act: Civil Rights Act of 1866 aimed to buttress Civil Rights Laws to protect freedmen and to grant full citizenship to those born on U.S. soil except Indians. ... Heart of Atlanta Motel Inc. ... 1964 was a leap year starting on Wednesday (link will take you to calendar). ... 1964 was a leap year starting on Wednesday (link will take you to calendar). ... 1969 was a common year starting on Wednesday (the link is to a full 1969 calendar). ...

Present day

In 1995, the limits of the power of the Federal government under the commerce clause was once again tested in United States v. Lopez (later clarified by United States v. Morrison). There Justice William H. Rehnquist, delivering the opinion of the Court, ruled that Congress only had the power to regulate: United States v. ... United States v. ... William H. Rehnquist has served as the Chief Justice of the United States since 1986. ...

• the channels of commerce,
• the instrumentalities of commerce, and
• action that substantially affects interstate commerce

Thus the government did not have the power to regulate relatively unrelated things such as the possession of firearms near schools which had been banned by the law at issue. It was the first time since the conflict with President Franklin Roosevelt in 1936-37 that the Court had overturned a putative regulation on interstate commerce because it exceeded Congress's commerce power. Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ...

The Court also found in Seminole Tribe v. Florida, 517 U.S. 44 (1996) that, unlike the Fourteenth Amendment, the Commerce Clause does not give the federal government the power to abrogate the sovereign immunity of the states. Holding Congress does not have the power pursuant to the Indian Commerce Clause to abrogate the sovereign immunity afforded to states under the 11th Amendment; the doctrine of Ex parte Young, which allows parties to seek relief against state officials for violations of the Constitution or laws of the United... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... 1996 is a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1). ... The abrogation doctrine is a doctrine in United States constitutional law which permits the U.S. Congress to allow lawsuits seeking monetary damages against individual U.S. states, so long as this is usually done pursuant to a constitutional limitation on the power of the states. ... Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ...

See also

• Dormant Commerce Clause
• States' rights

The Dormant Commerce Clause doctrine in United States case law limits the right of states to legislate in connection with interstate commerce. ... In American politics and constitutional law, states rights are guaranteed by the Tenth Amendment to the United States Constitution, (i. ...

Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... The Preamble to the United States Constitution consists of a single sentence (a preamble) that introduces the document and its purpose. ... Article One of the United States Constitution establishes the legislative branch of government, Congress, which includes the House of Representatives and the Senate. ... Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Article Three of the United States Constitution establishes the judicial branch of the federal (national) government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be amended. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the crap by which the entire document is to be ratified and take effect. ... The Bill of Rights is the name given to the first ten amendments of the United States Constitution. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... The Second Amendment to the United States Constitution, part of the Bill of Rights, prevents the federal government from infringing on the right of people to keep and bear firearms. ... The Third Amendment to the United States Constitution is a part of the United States Bill of Rights. ... The Fourth Amendment to the United States Constitution, which is part of the Bill of Rights, guards against unreasonable searches and seizures. ... The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... The Sixth Amendment (Ratified December 15, 1791) to the United States Constitution guarantees rights related to criminal prosecutions in federal courts. ... The Seventh Amendment to the United States Constitution, which is part of the Bill of Rights, guarantees juries in certain civil trials. ... The Eighth Amendment to the United States Constitution, which is part of the U.S. Bill of Rights, protects against excessive bail or fines, as well as against cruel and unusual punishment. ... Amendment IX (the Ninth Amendment) of the United States Constitution, which is part of the Bill of Rights, states: The Ninth Amendment, particularly when taken in conjunction with The Tenth Amendment, emphasizes that the Bill of Rights is not a grant of rights from the government to the people, but... Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, states: The Tenth Amendment is generally recognized to be a truism. ... Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the US Congress on March 4, 1794 and was ratified on February 7, 1795. ... The Twelfth Amendment to the United States Constitution altered Article II relating to presidential elections. ... Amendment XIII (the Thirteenth Amendment) of the United States Constitution states: Section 1 Section 2 Congress shall have power to enforce this article by appropriate legislation. ... Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1). ... Contemporary drawing depicting the first vote by African-Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution is one of the post-Civil War, Reconstruction amendments. ... Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. ... Amendment XVII (the Seventeenth Amendment) of the United States Constitution passed on April 8, 1913 and first in effect for the election of 1914, amends Article 1 Section 3 of the Constitution to provide for the direct election of Senators by the people of a state rather than their election... Amendment XVIII (the Eighteenth Amendment) of the United States Constitution, along with the passage of the Volstead Act (which defined intoxicating liquors), established Prohibition. ... Nineteenth Amendment to the United States Constitution Amendment XIX (the Nineteenth Amendment) to the United States Constitution was passed by a joint resolution of the U.S. Congress on June 4, 1919, and was ratified by the last state necessary on August 18, 1920. ... Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of elected federal officials. ... Amendment XXI (the Twenty-first Amendment) of the United States Constitution ended Prohibition. ... The Twenty-second Amendment of the United States Constitution establishes a two-term limit for the Presidency. ... Amendment XXIII (the Twenty-third Amendment) of the United States Constitution permits the District of Columbia to choose Electors for President and Vice President. ... Poll taxes had been enacted in eleven Southern states after Reconstruction as a measure to prevent poor black people from voting. ... Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and established procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities. ... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution states: Section 1. ... Amendment XXVII (the Twenty-seventh Amendment) of the United States Constitution states: Interpretation and history This amendment to the United States Constitution provides that any change in the salary of members of Congress shall take effect only after the next general election. ... This article discusses the history of the United States Constitution. ... Title page of an early Federalist compilation. ... Many (sometimes scores) of amendments are proposed in Congress every year, although most never even get out of committee. ... The United States Constitution was signed by the delegates to the Constitutional Convention on September 17, 1787. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... The Dormant Commerce Clause doctrine in United States case law limits the right of states to legislate in connection with interstate commerce. ... Incorporation of the Bill of Rights is the legal doctrine by which the U.S. Bill of Rights, either in full or in part, is applied to the states through the Due Process Clause of the Fourteenth Amendment. ... In the United States federal statutes can limit the states powers by invalidating conflicting state and local laws. ... The phrase separation of church and state does not appear in any founding American document. ... Separation of powers is a doctrine whereby the legislative, executive and judicial branches of government are distinct to prevent abuse of power. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall. ... The Establishment Clause of the First Amendment to the United States Constitution plainly prohibits the establishment of a national religion by Congress or the preference of one religion over another. ... Full faith and credit is mutual understanding between courts of the 50 states of the United States to recognize, honor and enforce each others actions. ... The Supremacy Clause appears in Article VI of the United States Constitution. ...

External links

• David Morris, AlterNet, June 15, 2005, The Sainted Clause