comerce clause

A detailed Summary of comerce clause

The United States Constitution gives very specific powers to congress. These powers are very limited and are each enumerated in the text of the Constitution. One of the powers is "[t]o regulate commerce with foreign nations, and among the several states, and with the Indian tribes" (Article I, Section 8). This is the only reference in the constitution that speaks about commerce. The Tenth Amendment states that "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

By reading these statements in the constitution most people would believe that the states have enormous power to control the day to day activities within their state borders. James Madison, who was one of the biggest supporters of a powerful federal government, wrote the following in the Federalist Papers. "The powers delegated by the . . . Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce." . . . The powers reserved to the several States will extend to al

With that precedent in place congress was given the power to regulate almost any activity. The minimum wage and the 40-hour workweek were established by the Fair Labor Standards Act. The Civil rights act of 1964 was upheld in Heart of Atlanta Motel v. United States under the premise that the "the power of Congress to promote interstate commerce also includes the power to regulate . . . local activities"(Sheila, 1996). The court held that discrimination in public lodging burdens travelers and thus had a detrimental effect on interstate commerce. "The Commerce Clause also allowed the EPA to regulate the way toxic waste is handled, even if it remained in the plants. The logic: If the contaminants did accidentally leave the plants, they could damage the environment and hence interstate commerce"(McMenamin, 1998)

How did we get from federal powers that are few and defined to powers that have no bounds? One of the main reasons is the modern interpretation of the aforementioned commerce clause. The powers of the federal government have been further stretched Since the passage of the thirteenth amendment in 1913, that allowed the federal government to establish an income tax, governments powers have shifted from the state capitals to Washington D. C. This allowed congress to play Robin Hood, by taking from the rich and giving to the poor.

Moore, S. (1999, January). Our unconstitutional Congress. USA Today Magazine, 127(2644), 18-22.

The Constitution of the United States (1887)

Reynolds, G. & Kopel, D. (2000, May). Crime, Congress, and the interstate commerce clause. USA Today Magazine, 128(2660), 60-61.

Some common words found in the essay are:
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Approximate Pages = 5 (250 words per page double spaced)

Category: Politics