The application of the Commerce Clause is a frequent point of discussion in economic policy debates, as there are common disagreements about how the government should wield these powers. If you continue browsing the site, you agree to the use of cookies on this website. The power to govern interstate navigation, for example, was justified under the clause in a 1905 case, Gibbons v. Ogden. So, for example, even when combined with the Necessary and Proper Clause giving Congress power to make all laws which shall be necessary and proper for carrying into execution its enumerated powers, the Commerce Clause did not give Congress power to touch slavery that was allowed by state governments within their borders. Article I, Section 8 Clause 3 Commerce Clause Interstate Commerce Bill Conley Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. At least four possible interpretations of the Commerce Clause have been proposed. The Pike Test Important Cases; Whether a state law violates the Dormant Commerce Clause is generally governed by a test gleaned from Pike v.Bruce Church, Inc..In Pike, Arizona had passed a law requiring (sometimes at great expense) Arizona cantaloupe growers to label their product as coming from Arizona, regardless of where the cantaloupes were eventually packed and shipped from. The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. The area in which Congress has failed to exercise its power to regulate an activity is known as the “dormant Commerce Clause.” States may regulate in these areas but only if they do not discriminate against or unduly burden interstate commerce. Lurking behind the debate over the commerce power and occasionally hinted at in some of the Court’s opinions is the Necessary and Proper Clause (Article I, Section 8, Clause 18). The commerce clause is an example of an enumerated power. The Commerce Clause is a grant of power to Congress, not an express limitation on the power of the states to regulate the economy. It ruled that because some business, even though done entirely at a local level, could eventually contribute to interstate commerce in the movement of product and services. The Farmer And The Commerce Clause : Planet Money Even as it upheld most of the health care law last week, the Supreme Court limited federal power under the Constitution's Commerce Clause. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against interstate or international commerce. First, it has been suggested that the Clause gives Congress the exclusive power to regulate commerce. Typically, the powers listed in the Commerce Clause are divided into three sections: Foreign Commerce Clause; Interstate Commerce Clause; Indian Commerce Clause The commerce clause gives Congress the power 'to regulate commerce with foreign nations, and among the several states.' The Commerce Clause as a Source of National Police Power The Court has several times expressly noted that Congress’s exercise of power under the Commerce Clause is akin to the police power exercised by the states.888 It should follow, therefore, that Congress may achieve results unrelated to purely commercial aspects of commerce, and this result in fact has often been accomplished.