Commerce Clause
The Commerce Clause (Article I, Section 8, Clause 3) grants Congress power to regulate interstate commerce, with the Dormant Commerce Clause implicitly limiting state regulation that discriminates against or unduly burdens interstate commerce.
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Exam Tip
Commerce Clause = Congress regulates interstate commerce. Dormant = limits STATE power. Discriminatory = virtually invalid. Non-discriminatory = Pike balancing.
What is the Commerce Clause?
The Commerce Clause grants Congress broad regulatory authority over commerce "among the several States."
Affirmative Commerce Power
Modern standard (since 1937): Congress can regulate:
| Category | Example |
|---|---|
| Channels | Highways, waterways, internet |
| Instrumentalities | Vehicles, planes, persons |
| Activities Substantially Affecting | Economic activity with cumulative effect |
Dormant Commerce Clause
Implied LIMIT on state power even when Congress hasn't acted:
| Test | Application |
|---|---|
| Discriminatory Law | Virtually per se invalid |
| Non-Discriminatory | Pike balancing: burden vs. benefit |
Exceptions to Dormant Commerce Clause
- Congressional authorization
- Market participant exception
- Traditional government functions
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