How has the Supreme Court interpreted the interstate commerce clause?
The Interstate Commerce Clause is found in Article I, Section 8 of the United States Constitution. It allows the federal government to regulate commerce among the states. The Supreme Court has interpreted this clause to permit Congress to pass laws that affect interstate commerce, including the regulation of goods and services that cross state lines. In the landmark case, Gibbons v. Ogden (1824), the Supreme Court held that the Interstate Commerce Clause grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” This decision established that Congress can regulate any activity that “substantially affects” interstate commerce and that this power is broad and expansive. Furthermore, the court held that Congress can use its power to regulate both direct and indirect effects on interstate commerce and prevent states from passing laws that obstruct interstate commerce. The Supreme Court has since continually reaffirmed the broad scope of Congress’ power to regulate interstate commerce. In the 2005 case, Gonzales v. Raich, the court held that Congress can regulate even activities that take place entirely within a state if the cumulative effect of such activities is believed to substantially affect interstate commerce. Overall, the Supreme Court has consistently established a broad interpretation of the Interstate Commerce Clause and its power to regulate interstate commerce. It has held that Congress can regulate any activity that substantially affects interstate commerce, including activities that take place entirely within a state.
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