13 Facts About Commerce Clause

1.

Commerce Clause describes an enumerated power listed in the United States Constitution.

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2.

However, the effect of the Commerce Clause has varied significantly depending on the US Supreme Court's interpretation.

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3.

Since United States v Lopez, congressional use of the Commerce Clause has become slightly restricted again to be limited to matters of trade or any other form of restricted area and production.

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4.

Commerce Clause is the source of federal drug prohibition laws under the Controlled Substances Act.

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5.

Commerce Clause emerged as the Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation.

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6.

Commerce Clause represents one of the most fundamental powers delegated to the Congress by the founders.

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7.

Interpretation of the sixteen words of the Commerce Clause has helped define the balance of power between the federal government and the states and the balance of power between the two elected branches of the federal government and the Judiciary.

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8.

When Congress began to engage in economic regulation on a national scale, the Court's dormant Commerce Clause decisions influenced its approach to Congressional regulation.

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9.

Commerce Clause power is not confined in its exercise to the regulation of commerce among the states.

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10.

Wide interpretation of the scope of the Commerce Clause continued following the passing of the Civil Rights Act of 1964, which aimed to prevent business from discriminating against black customers.

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11.

The Commerce Clause is an important source of those powers delegated to Congress and so its interpretation is very important in determining the scope of federal power in controlling innumerable aspects of American life.

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12.

The Commerce Clause has been the most broadly-interpreted clause in the Constitution, making way for many laws that some argue, contradict the original intended meaning of the Constitution.

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13.

Questions over the range and applicability of the Commerce Clause have arisen in debate over the constitutionality of the Patient Protection and Affordable Care Act.

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