What is the commerce clause?
The commerce clause gives Congress power to regulate commerce with foreign nations, among the several states, and with the Indian tribes.
Congress.gov is the source of record for this guide. Article I, Section 8, Clause 3 of the Constitution grants this power to Congress.
What commerce does the clause cover?
The clause names three areas of commerce:
- Foreign commerce. Congress can regulate commerce with other nations.
- Interstate commerce. Congress can regulate commerce among the states.
- Commerce with Indian tribes. The Constitution expressly includes commerce with Indian tribes as a separate part of the power.
The Constitution Annotated overview of the commerce clause explains its broad reach and how court decisions have shaped it.
Is commerce an enumerated power?
Yes. The commerce power is one of the enumerated powers listed in Article I, Section 8. “Enumerated” means listed. Congress also has listed powers to tax, borrow money, and declare war.
The enumerated powers guide explains the wider list and the difference between enumerated, implied, and reserved powers.
Does the clause give Congress unlimited power?
No. The commerce power is broad, but it does not let Congress regulate every activity. Courts decide whether a law falls within Congress’s constitutional powers. The Constitution Annotated overview traces how those boundaries have changed through court decisions.
The clause grants power to Congress, not to one senator or representative acting alone. The Congress guide explains how the House and Senate share lawmaking power.
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The commerce clause gives Congress authority. Votes show how your members choose to use it. The bill-to-law guide explains how a proposal moves through Congress. Follow your members’ recorded votes on major bills with Cappy Pillow.
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