Commerce Clause

Written By Jonathan Milner

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nation. Here's a list of landmark Supreme Court cases dealing with the Commerce Clause. During the Civil Rights movement the United States Congress used the power of the Commerce Clause to pass laws such as the Civil Rights Act that fought discrimination.

 
 

Questions

  1. What does the Commerce Clause literally allow the federal government to regulate?

  2. What does the Commerce Clause actually allow the federal government to regulate?

  3. How has the Commerce Clause impacted your life or your family’s history?

  4. How do the two major US political ideologies view the federal government’s use of the commerce clause today?

  5. Describe an example of the Commerce Clause in current events:

  6. What emoji does the best job of representing the meaning of the Commerce Clause?

  7. What are some things the federal government has used the Commerce Clause to regulate?

  8. If you were a member of the Supreme Court (you aren't) would you allow Congress to use the Commerce Clause to regulate discrimination, as it did in the 1960s?

  9. What does the Commerce Clause have to do with federalism?

  10. Would you wear a Commerce Clause T-shirt if it were really cool?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw the Commerce Clause! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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Jonathan Milner

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Congressional Oversight
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Federalist No. 78