What does the Commerce Clause do?

The Commerce Clause, found in Article I, Section 8 of the U.S. Constitution, specifically grants Congress the power to regulate commerce among the states, with foreign nations, and with Native American tribes. This clause serves as a significant source of federal regulatory power, allowing Congress to legislate on broad issues related to trade and economic activities that cross state lines. By empowering Congress to manage interstate commerce, the clause helps maintain a cohesive national economy and avoids conflicts that may arise from individual states implementing different commerce regulations.

This foundational role of the Commerce Clause has led to landmark Supreme Court decisions that have affirmed and expanded federal power over economic activities, shaping the regulatory landscape in which states must operate. The focus on "interstate" commerce emphasizes the clause's importance in fostering a unified market across state borders, which is crucial for the functioning of the national economy.