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What is the Commerce Clause?

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, among states, and with the Indian tribes.”

How does the Commerce Clause affect interstate commerce?

The Commerce Clause gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce. Early Supreme Court cases primarily viewed the Commerce Clause as limiting state power rather than as a source of federal power.

How did the Commerce Clause affect the Supreme Court?

Early Supreme Court cases primarily viewed the Commerce Clause as limiting state power rather than as a source of federal power. Of the approximately 1400 Commerce Clause cases that the Supreme Court heard before 1900, most stemmed from state legislation. 1

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