Commerce Clause in the United States

Dormant Commerce Clause

According to the Encyclopedia of the American Constitution, the Constitution “does not explicitly restrict state regulation of commerce. While the commerce clause of Article I authorizes congressional displacement of state commercial regulation, the constitutional text is silent regarding the residuum of power left to the states” in this case. (…)

This “dormant commerce clause”, in fact, “limits state power to obstruct economic nationalism. At the core of this principle is the idea that states may not overtly discriminate against interstate commerce” (for example, the case when New Jersey blocked importation of solid waste).

Federalism and Commerce Clause

The leading case is United States v. Lopez.

Concept of Commerce Clause

In the U.S., in the context of the U.S. Constitution and Federalism, Commerce Clause has the following meaning: A clause in Article I, Section 8 of the U.S. Constitution giving Congress the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” (Source of this definition of Commerce Clause : University of Texas)

Commerce Clause

Commerce Clause in relation to Local Government Regulatory Functions

Find out in this American legal Encyclopedia the information on Commerce Clause in relation to Local Government Regulatory Power and Function (and in the context of local government law).

Resouces

See Also

• Local Goverment Regulation
• Local Law Regulation
• Local Government Power

Commerce Clause as a Restraint on State Powers in Constitutional Law

A list of entries related to Commerce Clause as a Restraint on State Powers may be found, under the Commerce Clause as a Restraint on State Powers category, in the United States constitutional law platform of this legal Encyclopedia.

Commerce Clause Background

Resources

See Also

• Constitution
• Federalism