Commerce Clause

According to article 1, section 8, clause 3, the Commerce Clause of the U.S. Constitution, “The Congress shall have power… To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” There are essentially three different interpretations of this clause. First, there are those who claim that the clause gives Congress and the federal government the unique right to regulate all commerce. Another interpretation suggests that the clause also gives states the power to regulate commerce, a power that is only preempted in cases where state regulations contradict or preempt federal power. The third interpretation of this clause suggests that states and the federal government have different, sovereign zones of regulation. The federal government cannot violate the state zone or ...