We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is the Commerce Clause?

By Danielle DeLee
Updated: Feb 06, 2024
Views: 11,184
Share

The commerce clause is a power granted to the US Congress in Article I, Section 8 of the United States Constitution; it gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The different meanings of commerce—trade and interaction—have left the clause open to interpretation. A series of United States Supreme Court cases have shaped the understanding of the commerce clause, broadening its applications to such issues as navigation, migration and discrimination.

The first case to expand the power of Congress under the commerce clause was Gibbons v. Ogden in 1824. The Supreme Court ruled that a monopoly on steamboat navigation granted by the state of New York was invalid because it inhibited interstate commerce between New Jersey and New York. This ruling was significant because it established the applicability of the commerce clause beyond issues of interstate trade to include interstate navigation.

The Supreme Court also used the commerce clause to support free interstate migration in 1941. California attempted to limit the number of migrants who were coming to the state from the dust bowl. The law made bringing non-resident indigents into California a crime. Edwards v. California challenged this law, and the court found that people were “articles of commerce,” and thus the flow of migrants was a matter for Congress, rather than the individual states, to regulate.

In the 1960s, the Supreme Court further extended the commerce clause by using it to justify legislation against discrimination by non-state actors—entities that don't represent or work in the interest of a government body. Previously, the equal protection rights guaranteed by the Fourteenth Amendment provided protection from racial discrimination only against state actors—those acting on behalf of the government—so private businesses were not legally bound to treat all races equally. In Heart of Atlanta Motel v. United States in 1964, the court found that Congress could regulate businesses whose customers came primarily from other states. In the same year, the court's decision in Katzenbach v. McClung applied the commerce clause to a restaurant after determining that though the restaurant primarily served locals, its food came from other states. These two decisions established the power of the Civil Rights Act of 1964 to include private businesses.

While the Supreme Court has allowed Congress a variety of powers under the commerce clause, it has also rejected some tenuous links to the clause. One example of this is Congress’s attempt in 1995 to ban guns from school zones on the grounds that the presence of firearms would create an environment that was not conducive to free commerce. The commerce clause has many applications, but it does serve as a check on Congress’s power in some instances.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Editors' Picks

Discussion Comments
Share
https://www.wise-geek.com/what-is-the-commerce-clause.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.