What is the Commerce Clause?

Congress' power to regulate interstate commerce, granted in the Commerce Clause, is often invoked as justification for laws regulating a wide variety of economic activities. How much power does the Commerce Clause allow the federal government to have over the states? This lesson examines this question by looking at the principle behind this clause, the Founders intentions, and how the Supreme Court has interpreted the clause throughout American History.

Objectives

• Students will analyze the Founders’ intentions in giving Congress the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.”
• Students will understand how power granted to Congress in the Commerce Clause has been interpreted by the Supreme Court through American history.
• Students will evaluate arguments for and against federalism as a principle.
• Students will determine whether federalism helps or harms freedom.

Student Handouts

• Handout A: Background Essay—How Has the Supreme Court Interpreted the Commerce Clause?
• Handout B: Federalism: For or Against?
• Handout C: Commerce Clause Timeline

Teacher Resources

• What is the Commerce Clause? Answer Key