Commerce Clause of the US Constitution - Explained
The primary authority for the Federal Government to make laws.
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the Commerce Clause?
Article I, Section 8, specifically grants to the Federal Government the right to regulate commerce among the several states. This is known as the Commerce Clause.
Simply put, the Commerce Clause allows the Federal Government to regulate any activity that affects interstate commerce.
How is the Commerce Clause authorize the passage of federal law?
It is the most commonly employed justification for the passage of federal laws affecting citizens and businesses within the US.
In reality, almost any sort of business activity affects interstate commerce and thus falls under the regulatory authority of the Federal Government.
The Federal Government does not, however, have the authority to regulate an activity that is carried out solely within a state's borders and has no discernible effect on interstate commerce.
- Example: The Federal Government may prohibit discrimination by hotels and theaters that serve individuals crossing state lines. It would not, however, be able to prohibit an individual from raising plants for personal consumption on private land, when the seeds for those plants do not originate outside of the state and the plants produced will never be sold commercially or transferred outside of the state.
What is a State's Police Power?
Unless an area of law is expressly reserved for federal regulation, states have the authority to pass laws based upon their Police Power. This has been interpreted to mean the state's ability to legislate for the health, morals, and safety of its citizens.
What is the Dormant Commerce Clause?
The state law cannot intend to regulate or substantially conflict with interstate commerce. The "substantially-conflict-with" provision is known as the Dormant Commerce Clause.
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