Impact of US Constitution's Commerce Clause Essay

Open, View, and/or
Download this Document

Total Length: 668 words ( 2 double-spaced pages)

Total Sources: 4

Page 1 of 2

Introduction

The Commerce Clause is a provision in the U.S Constitution (Article 1, Section 8) that gives Congress the mandate to regulate business with other Nations, States, and Indian Tribes. The commerce clause is the legal foundation of much of Congress's regulatory power (Rosenbaum, Rutkow, & Vernick, 2011). The sovereignty and the exclusivity of the federal government power when dealing with foreign countries and commerce regulation is largely understood. In the past, states and local authorities have been barred by the court from dealing in foreign policy matters because only they have the mandate to deal with those kinds of matters. Although states are grated with some limited powers to tax foreign commerce, the federal government remains the sole agent of Americans in dealings with foreign states.

Power to regulate

Commerce is not defined in the commerce clause or even in the Constitution; hence the courts have various interpretations of the words. The "selective exclusiveness" rule was clearly explained in Southern Pacific Co. v. Arizona (1945). The court stated that Congress has no conflicting regulation, then the state has a residual power to make laws governing locally. In this case, the court came up with a three-part test to determine the implied condition to regulate interstate commerce: (1) that the law allows the state to interfere with the interstate commerce, (2) the commerce under consideration does not in any wat require national or uniform regulation, and (3) that the federal government has no overriding interest in the regulation (Ablavsky, 2014).

Stuck Writing Your "Impact of US Constitution's Commerce Clause" Essay?

View All Our Example Impact of US Constitution's Commerce Clause Essay

Have A Custom Example Essay Written



Intrastate, or domestic, commerce is a trade that only takes place within…

[…… parts of this paper are missing, click here to view the entire document ]

…commerce and business activities. Since the Constitution's founding up to 1900, more than 1400 cases were heard by the Supreme Court. Most of these cases stemmed from issues with local state laws directing local commerce and trade activities. Most of the Supreme Court rulings before the 1900s restricted the state powers to regulate inter-state business and uphold inter-state commerce activities (Legal Information Institute, 2020). As a result, the term "commerce" governed the rulings, while the term "regulate" was largely overlooked. However, the paradigm shifted in the 1930s, and most rulings post-1930's limited the Power of Congress when it came to business and commerce activity occurring in a single state. By and large, the Constitution's "Commerce Clause" has developed the United States into a single economic and financial unit that promotes the inter-state transfer of merchandise,….....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Impact Of US Constitution's Commerce Clause" (2020, November 09) Retrieved June 4, 2026, from
https://www.aceyourpaper.com/essays/impact-constitution-commerce-clause-2175751

Latest MLA Format (8th edition)

Copy Reference
"Impact Of US Constitution's Commerce Clause" 09 November 2020. Web.4 June. 2026. <
https://www.aceyourpaper.com/essays/impact-constitution-commerce-clause-2175751>

Latest Chicago Format (16th edition)

Copy Reference
"Impact Of US Constitution's Commerce Clause", 09 November 2020, Accessed.4 June. 2026,
https://www.aceyourpaper.com/essays/impact-constitution-commerce-clause-2175751
   

Open, View, and/or
Download this Document
order custom essay example