The Commerce Clause United States Constitution Article 1, Section 8, Clause 3

Quote From Chief Justice Marshall On the Commerce Clause "... Few things were better known, than the immediate causes which led to the adoption of the present constitution... that the prevailing motive was to regulate commerce; to rescue it from the embarrassing and destructive consequences, resulting from the legislation of so many different States, and to place it under the protection of a uniform law." Gibbons v. Ogden, 22 U.S. 1 (1824).

Articles of Confederation Ratified in 1781 The “ rulebook ” by which the newly independent United States governed

Accomplishments: foreign affairs survived the war dealt with expansion began thinking as a united nation

Weaknesses Congress had no power to regulate interstate or foreign trade

Powers of the National Government The National Government is a government of delegated powers (or granted) to it in the Constitution. The expressed powers are those found directly within the Constitution. (Art. 1, Sec. 8)-27 powers The implied powers are not expressly stated in the Constitution, but are suggested, or implied by, the expressed powers. (Art. 1, Sec. 8, Cl. 18) (nec+proper) The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. (natural powers-imm.)

The Exclusive and Concurrent Powers Exclusive Powers Powers -National Government alone Examples: –coin money –make treaties with foreign states –lay duties (taxes) on imports. Concurrent Powers Powers that both the National Government and the States possess and exercise. Examples: –power to levy and collect taxes –define crimes and set punishments for them –claim private property for public use.

Congressional Powers Can/hasCannot  Power to tax  Est. national public school system  Power to borrow $  Require people to vote  Power to regulate commerce  Require attendance to church  Coin and regulate  Set minimum age for marriage  Regulate bankruptcy  Set minimum age for driver’s license  Foreign relation powers  Abolish juries  War powers  Confiscate handguns  Naturalization powers  Censor newspaper columns, television or radio broadcasts  Postal power  Copyrights and patent Powers  Weights and Measures  Judicial Powers