Commerce Clause

The Commerce Clause is an enumerated power listed in the United States Constitution (Article 1, Section 8, Clause 3). The clause states that Congress has the power to regulate commerce with foreign nations, among the states, and with the Indian tribes. Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to the Congress of the United States. It is common to see the Commerce Clause referred to as "the Foreign Commerce Clause", "the Interstate Commerce Clause", and "the Indian Commerce Clause", each of which refers to a different application of the same single sentence in the Constitution.

Dispute exists as to the range of powers granted to Congress by the Commerce Clause. As noted below, the clause is often paired with the Necessary and Proper Clause, the combination used to take a broad, expansive perspective of these powers. Many strict constitutionalists deny that this is the proper application of the Commerce Clause.

=Text= 'The Congress shall have power. . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;'

Use with other Clauses
The Commerce Clause Power is often amplified by the Necessary and Proper Clause which states that this Commerce Clause power, and all of the other enumerated powers may, be implemented by the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."