What is the scope of the commerce clause of the US Constitution?
The commerce clause of the United States Constitution, also referred to as the commerce power, is found in Article I, Section 8, Clause 3 of the Constitution. This clause grants Congress the authority to regulate interstate and foreign commerce. The scope of the commerce clause is expansive and includes the power to regulate any activity that impacts interstate commerce. This includes areas such as economic activities, manufacturing, and transportation, to name a few. For example, Congress may regulate the sale and transportation of goods from one state to another, or the production of goods which are sold or transported across state lines. Congress also has the power to ban discrimination in public accommodations that provide goods or services to interstate travelers. In addition, Congress can rely on the commerce clause to pass laws regulating the environment, health, labor, and civil rights. The Supreme Court has held that Congress has the power to pass laws that may have an impact on interstate commerce even if the law does not directly relate to commerce. The Supreme Court has also determined that Congress may use the commerce clause to pass legislation that interferes with state governments. However, the Court will not uphold a law if it exceeds the scope of the commerce clause. In short, the scope of the commerce clause is extensive, and allows Congress to regulate virtually any activity that may have an effect on interstate commerce.
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