Question

Discusss the purpose of "The Commerce Clause", the role it plays in the USA and internationally?

Answer 1

Commerce clause, provision of the U.S. Constitution (Article I, Section 8) that authorizes Congress “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” The commerce clause has traditionally been interpreted both as a grant of positive authority to Congress and as an implied prohibition of state laws and regulations that interfere with or discriminate against interstate commerce (the so-called “dormant” commerce clause). In its positive interpretation the clause serves as the legal foundation of much of the government’s regulatory power.

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Commerce clause

United States Constitution

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Commerce clause, provision of the U.S. Constitution (Article I, Section 8) that authorizes Congress “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” The commerce clause has traditionally been interpreted both as a grant of positive authority to Congress and as an implied prohibition of state laws and regulations that interfere with or discriminate against interstate commerce (the so-called “dormant” commerce clause). In its positive interpretation the clause serves as the legal foundation of much of the government’s regulatory power.

In the matter of regulating commerce with foreign nations, the supremacy as well as the exclusivityof the federal government is generally understood. From time to time state or local authorities have attempted to deal in foreign policy matters considered exclusively the province of the federal government, but their efforts have invariably been struck down by the courts. Although the states do have some limited powers to tax foreign commerce, it may generally be said that in dealings with foreign states, the federal government is the sole agent of all the people of the United States.