How Does Congress Regulate Commerce

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The constitution in article I, section 8, clause 3 gives congress the power to ‘’ regulate Commerce with foreign Nations and among several States, and with the Indian Tribes”. Commerce clause can be defined in the constitution as any business or commercial exchanges in any forms between citizens of different states which includes social communication between citizens of different states by telephone or radio, and person from one state to another for either business or pleasure. It was created to eliminate the rivalry among the states that had intense commercial advantage due to their proximity to major ports and to those states that were not close to any port. This inequality was the main reason of constant economic battles among those states. …show more content…
If congress deems something of interstate commerce that needs to be supervised, it will make sure that it is subject of regulations imposed by them. A state has the right to regulate its domestic commerce; it should be implemented in a manner that does not affect interstate commerce regulations imposed by congress. States are powerless to regulate commerce with Indian Tribes. The presence or absence of congressional action decides if a state may act in particular field, although congress has the exclusive power to control interstate commerce but the nature of the commerce must be examined if congress has control over it. It is up to the courts to decide the national or local character of the subject of regulation to balance the national interest against state interest. The court can declare state regulations unconstitutional if deem to be unreasonable on interstate commerce. Federal preemption gives congress the power to regulate an entire field even if no conflict exists between state and federal

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