Article I, Section 8, Clause 3
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
The Federalist and Federalist essays
- cited bySuggestedCitizen of New Haven 2, ¶ 6
The new powers vested in the United States, are, to regulate commerce; provide for a uniform practice respecting naturalization, bankruptcies, and organizing, arming and training the militia ; and for the punishment of certain crimes against the United States ; and…
The paragraph lists among the new powers "to regulate commerce", the power of Article I, Section 8, clause 3.
- quoted bySuggestedA Native of Virginia, Article I, ¶ 52
To regulate commerce with foreign nations, and among the ſeveral States, and with the Indian tribes;
The paragraph prints Article I, Section 8, Clause 3 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedA Native of Virginia, Article I, ¶ 53
THE power of regulating commerce gives great alarm to the enemies of the Conſtitution.
The paragraph discusses "the power of regulating commerce," the power in Article I, Section 8, Clause 3.
- cited bySuggestedRemarks on the New Plan, ¶ 8
It has been objected in some of the southern states, that the Congress, by a majority of votes, is to have the power to regulate trade.
The paragraph names Congress's "power to regulate trade" ("commerce") under the new system, which only the commerce clause fits.
- cited bySuggestedJames Wilson's Speech, ¶ 2
If, indeed, a power ſimilar to that which has been granted for the regulation of commerce, had been granted to regulate literary publications, it would have been as neceſſary to ſtipulate that the liberty of the preſs ſhould be preſerved inviolate, as that the impoſt…
The paragraph refers to "the power ... granted for the regulation of commerce" as a comparison, which names the commerce clause of Article I, Section 8.
- cited bySuggestedFederalist No. 42, ¶ 1
…treaties; to send and receive ambassadors, other public ministers, and consuls; to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; to regulate foreign commerce, including a power to prohibit, after the year 1808, the importation of slaves, and to lay an intermediate duty of ten dollars per head, as a discouragement to such…
Names the power "to regulate foreign commerce" in its list of the second class of powers, echoing this clause's words "To regulate Commerce with foreign Nations."
- cited bySuggestedFederalist No. 42, ¶ 8
The regulation of foreign commerce, having fallen within several views which have been taken of this subject, has been too fully discussed to need additional proofs here of its being properly submitted to the…
Names "the regulation of foreign commerce" as a power submitted to the federal administration, the power over commerce with foreign nations in this clause.
- cited bySuggestedFederalist No. 42, ¶ 12
I shall confine myself to a cursory review of the remaining powers comprehended under this third description, to wit: to regulate commerce among the several States and the Indian tribes; to coin money, regulate the value thereof, and of foreign coin; to provide for the punishment of counterfeiting the current coin and secureties of the United States; to fix…
Names the power "to regulate commerce among the several States and the Indian tribes" in its list of the third class of powers, echoing this clause's words.
- cited bySuggestedFederalist No. 45, ¶ 17
The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose, and from which no apprehensions are entertained.
Names "the regulation of commerce" as a new power of the Union under the proposed Constitution, the commerce power given in this clause.
Anti-Federalist essays
- cited bySuggestedAgrippa 13, ¶ 5
By sect. 8 of article i, Congress are to have the unlimited right to regulate commerce, external and internal, and may therefore create monopolies which have been universally injurious to all the subjects of the countries that have adopted them, excepting the monopolists themselves.
The paragraph cites "sect. 8 of article i" by number and names the power to regulate commerce, which is its third clause.
- cited bySuggestedAgrippa 15b, ¶ 2
The unlimited power over trade, domestick as well as foreign, is another power that will more probably be applied to a bad than to a good purpose.
The paragraph names the power over trade, domestic and foreign, which is granted to Congress in Article I, Section 8, clause 3.
- cited bySuggestedAgrippa 3, ¶ 3
It is a very serious question whether giving to Congress the unlimited right to regulate trade would not injure them still further.
The paragraph names the power of Congress to regulate trade, which is granted in Article I, Section 8, clause 3.
- cited bySuggestedAgrippa 6, ¶ 3
The idea of consolidation is further kept up in the right given to regulate trade.
The paragraph names the right given to Congress to regulate trade, which is granted in Article I, Section 8, clause 3.
- cited bySuggestedBrutus 1, ¶ 12
But what is meant is, that the legislature of the United States are vested with the great and uncontrollable powers of laying and collecting taxes, duties, imposts, and excises ; of regulating trade, raising and supporting armies, organizing, arming, and disciplining the militia, instituting courts, and other general powers ; and are by this clause invested with the power of making all…
Listing the powers vested in the legislature of the United States, the paragraph names the power "of regulating trade", which only Article I, Section 8, clause 3 grants.
- quoted bySuggestedSydney 1, ¶ 15
…powers which were declared by them to be insufficient for the purposes of government, what have we reasonably to expect will be their conduct when possessed of the powers " to regulate commerce with foreign nations, and among the several states, and with the Indian tribes," when they are armed with legislative, executive and judicial powers, and their laws the supreme laws of the land — and when the states are prohibited, without the consent…
The paragraph quotes the commerce clause in quotation marks as a power Congress will possess.
Other writings
- cited bySuggestedEdmund Randolph, Letter of October 10, 1787, ¶ 52
The two firſt points are the equality of ſuffrage in the Senate, and the ſubmiſſion of commerce to a mere majority in the legiſlature, with no other check than the reviſion of the Preſident.
The paragraph objects to "the submission of commerce to a mere majority in the legislature," which refers to the power to regulate commerce in Article I, Section 8, Clause 3.
Debates in Congress
- cited bySuggestedHouse, June 15, 1864, ¶ 309
Three fourths of the States might change the war making power, or the power to regulate commerce, or thepower to make treaties.
The paragraph names "the power to regulate commerce" among provisions that may be amended; only Article I, Section 8, Clause 3 fits.
- cited bySuggestedHouse, June 13, 1866 (2), ¶ 4
It still retains the power to lay duties and collect taxes; to regulate commerce among the States; to regulate the currency; to establish post offices and post roads, &c.; Congress still retains these and other enumerated powers in all the States.
The paragraph lists among Congress's enumerated powers the power "to regulate commerce among the States", Article I, Section 8, Clause 3.
- cited bySuggestedHouse, April 13, 1911, ¶ 889
the commerce clause of the Constitution we .har.c already largely deprived the States of their powers, and as fa business we meet the commercial affairs of the country , we are constantly im:po-rtuned on every ·…
The speaker names "the commerce clause of the Constitution", Article I, Section 8, Clause 3.
- cited bySuggestedHouse, December 17, 1917, ¶ 544
Provision is made, however, that Congress shall have power to lay and collect taxes and regulate , interstate commerce, and because of this provision in the Constitution it was held to be one of the implied powers to carry out the express powers which bad been conferred upon…
The speaker names the provision that Congress shall have power to "regulate interstate commerce", Article I, Section 8, Clause 3.
- cited bySuggestedHouse, June 14, 1960, ¶ 408
U sin g the general welfare clause and the in t e r state commerce provision we ha v e justified many such measures if and when we felt justification was necessary.
The paragraph names the interstate commerce provision of the Constitution, Article I, Section 8, Clause 3.
- cited bySuggestedSenate, May 30, 1866, ¶ 94
…the Indian tribes 1 within our limits as foreign Powers, so far as the treaty making power is concerned, and so far especially as the commercial power is concerned, for in the very Constitution itself there is a provision that Congress shall have power to regulate commerce, not only with foreign nations and among the States, but also with the Indian tribes.
The paragraph names the provision giving Congress power to regulate commerce with foreign nations, among the States and with the Indian tribes, and calls it "That clause"; this is Article I, Section 8, Clause 3.
- cited bySuggestedSenate, May 16, 1911, ¶ 10
of the National Government to permit a single State, which under the Constitution has no power whatever over interstate commerce, which with the other States granted that power · in its entirety to the Government of the United States, to organize the corporation which is to operate in many States.
The speaker says that under the Constitution a State has no power over interstate commerce, the States having granted "that power in its entirety to the Government of the United States", the commerce power of Article I, Section 8, Clause 3.
- cited bySuggestedSenate, May 23, 1911, ¶ 126
When the clause which gives Congress authority to regulate commerce among the several States was first adopted, it had no application to railroads; it had no application to tele-'.
The speaker names "the clause which gives Congress authority to regulate commerce among the several States", Article I, Section 8, Clause 3.
- cited bySuggestedSenate, June 3, 1919 (2), ¶ 27
Although the people of the State might wish to hu : have prohibition, under the commerce clause of the Con titution it was ·with in the power of the people outside of the State to prevent it.
The speaker names "the commerce clause of the Constitution", Article I, Section 8, Clause 3.
- cited bySuggestedSenate, February 15, 1933 (2), ¶ 96
When our Government was organized and the Constitution of the United States adopted, the States surrendered control over and regulation of interstate commerce.
The paragraph names the provision of the Constitution by which control over interstate commerce passed from the States, which is the commerce clause of Article I, Section 8, Clause 3.
- cited bySuggestedSenate, February 15, 1933 (2), ¶ 923
He took the position that while a shipment of liquor into a State came within the purview of the commerce clause of the Constitution, and therefore .
The paragraph names the commerce clause of the Constitution, which is Article I, Section 8, Clause 3.
- cited bySuggestedSenate, February 16, 1933 (2), ¶ 78
It is true that the original Constitution authorizes Congress to prohibit the transfer of intoxicating liquors in interstate commerce.
The paragraph names the power over interstate commerce given to Congress by the original Constitution, which is the commerce clause of Article I, Section 8, Clause 3.
- cited bySuggestedSenate, March 21, 1962 (2), ¶ 113
The Senate must know by now the dangers involved in permitting the "Federal camel" fo get its nose under the " State tent." We have witnessed, for example, the interstate commerce clause stretched beyond recognition and the general welfare clause given a scope it never was intended to have.
The paragraph names the commerce clause, which is Article I, Section 8, Clause 3.
- cited bySuggestedSenate, March 27, 1962 (3), ¶ 144
clearly an unconstitutional use of the commerce clause.
The paragraph names the commerce clause, which is Article I, Section 8, Clause 3.
The Supreme Court
Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.
- interpreted bySuggestedGibbons v. Ogden (1824)22 U.S. 1, decided March 18, 1824
The Constitution Annotated's essays on this provision cite the case on 7 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.1, ArtI.S8.C3.2, ArtI.S8.C3.3, ArtI.S8.C3.4, ArtI.S8.C3.5, ArtI.S8.C3.5.1, ArtI.S8.C3.7.3, ArtI.S8.C3.8.2, pp. 324, 325, 326, 327, 328, 354, 381.
- interpreted bySuggestedUnited States v. E.C. Knight (1895)156 U.S. 1, decided January 21, 1895
The Constitution Annotated's essays on this provision cite the case on 6 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.2, ArtI.S8.C3.4, ArtI.S8.C3.5, ArtI.S8.C3.5.1, ArtI.S8.C3.5.10, ArtI.S8.C3.5.11, ArtI.S8.C3.5.2, ArtI.S8.C3.5.3, pp. 325, 328, 329, 330, 331, 340.
- interpreted bySuggestedOverruledHammer v. Dagenhart (1918)247 U.S. 251, decided June 3, 1918
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.4, ArtI.S8.C3.5.10, ArtI.S8.C3.5.11, pp. 327, 340.
- interpreted bySuggestedCarter v. Carter Coal Co. (1936)298 U.S. 238, decided May 18, 1936
The Constitution Annotated's essays on this provision cite the case on 4 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.2, ArtI.S8.C3.5.7, ArtI.S8.C3.5.8, ArtI.S8.C3.6.5, pp. 325, 335, 336, 345.
- interpreted bySuggestedNational Labor Relations Board v. Jones & Laughlin Steel Corp. (1937)301 U.S. 1, decided April 12, 1937
The Constitution Annotated's essays on this provision cite the case on 5 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.2, ArtI.S8.C3.3, ArtI.S8.C3.4, ArtI.S8.C3.5.7, ArtI.S8.C3.5.8, ArtI.S8.C3.5.9, ArtI.S8.C3.6.7, pp. 326, 327, 336, 337, 349.
- interpreted bySuggestedUnited States v. Darby (1941)312 U.S. 100, decided February 3, 1941
The Constitution Annotated's essays on this provision cite the case on 6 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.4, ArtI.S8.C3.5, ArtI.S8.C3.5.1, ArtI.S8.C3.5.10, ArtI.S8.C3.5.11, ArtI.S8.C3.6, ArtI.S8.C3.6.1, ArtI.S8.C3.6.2, ArtI.S8.C3.6.7, pp. 327, 328, 339, 340, 341, 349.
- interpreted bySuggestedUnited States v. South-Eastern Underwriters Ass’n (1944)322 U.S. 533, decided June 5, 1944
The Constitution Annotated's essays on this provision cite the case on 3 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.2, ArtI.S8.C3.3, ArtI.S8.C3.7.7, pp. 325, 326, 361.
- interpreted bySuggestedOverruledNational League of Cities v. Usery (1976)426 U.S. 833, decided June 24, 1976
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.5.10, ArtI.S8.C3.5.11, ArtI.S8.C3.6, ArtI.S8.C3.6.1, ArtI.S8.C3.6.2, pp. 340, 341.
- interpreted bySuggestedWhite Mountain Apache Tribe v. Bracker (1980)448 U.S. 136, decided June 27, 1980
The Constitution Annotated's essays on this provision cite the case on 4 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.9.1, ArtI.S8.C3.9.2, pp. 383, 385, 386, 388.
- interpreted bySuggestedRamah Navajo School Board v. Bureau of Revenue of New Mexico (1982)458 U.S. 832, decided July 2, 1982
The Constitution Annotated's essays on this provision cite the case on 4 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.9.1, ArtI.S8.C3.9.2, pp. 383, 385, 386, 388.
- interpreted bySuggestedGarcia v. San Antonio Metropolitan Transit Authority (1985)469 U.S. 528, decided February 19, 1985
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.5.10, ArtI.S8.C3.5.11, ArtI.S8.C3.6, ArtI.S8.C3.6.1, ArtI.S8.C3.6.2, pp. 340, 341.
- interpreted bySuggestedUnited States v. Lopez (1995)514 U.S. 549, decided April 26, 1995
The Constitution Annotated's essays on this provision cite the case on 6 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.6, ArtI.S8.C3.6.1, ArtI.S8.C3.6.2, ArtI.S8.C3.6.3, ArtI.S8.C3.6.4, ArtI.S8.C3.6.5, ArtI.S8.C3.6.7, pp. 341, 342, 343, 345, 346, 349.
- interpreted bySuggestedUnited States v. Morrison (2000)529 U.S. 598, decided May 15, 2000
The Constitution Annotated's essays on this provision cite the case on 3 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.6.2, ArtI.S8.C3.6.3, ArtI.S8.C3.6.5, pp. 342, 346, 347.
- interpreted bySuggestedComptroller of the Treasury of Maryland v. Wynne (2015)575 U.S. 542, decided May 18, 2015
The Constitution Annotated's essays on this provision cite the case on 6 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C3.6.9, ArtI.S8.C3.7, ArtI.S8.C3.7.1, ArtI.S8.C3.7.11.4, ArtI.S8.C3.7.11.5, ArtI.S8.C3.7.11.6, ArtI.S8.C3.7.2, ArtI.S8.C3.7.7, pp. 352, 353, 361, 376, 377, 379.
On Article I, Section 8 as a whole
- cited bySuggestedHouse, January 6, 1865, ¶ 34
- cited bySuggestedHouse, August 27, 1962, ¶ 261
- cited bySuggestedSenate, June 12, 1911, ¶ 292
- cited bySuggestedSenate, February 16, 1933 (2), ¶ 291
- cited bySuggestedSenate, March 27, 1962 (3), ¶ 153
- cited bySuggestedMassachusetts convention, January 21, 1788, ¶ 31
- cited bySuggestedPennsylvania convention, December 4, 1787, ¶ 51
- cited bySuggestedRemarks on the New Plan, ¶ 6
- cited byFederalist No. 82, note 2
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