Commerce Clause

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  • One of the many enumerated powers of Congress listed under Article 1, Section 8, Clause 3 of the U.S. Constitution. The wording specifies that Congress has the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” The clause has been interpreted to mean that Congress has power over interstate and international commerce, while the states have authority over intrastate commerce. Its scope has been defined broadly by the courts and includes areas such as federal crimes, civil rights in employment practices, and environmental protection law. The clause additionally implies that intrastate commerce regulations should not unduly burden interstate commerce. The Supreme Court ultimately decides, on a case-by-case basis, if a disputed state legislation interferes with the relevant ...

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