Kenneth R. Thomas
Legislative Attorney
Todd B. Tatelman
Legislative Attorney
The Commerce Clause of the United States Constitution provides that the Congress shall have the power to regulate interstate and foreign commerce. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state. However, the Commerce Clause has never been construed quite so narrowly. Rather, the clause, along with the economy of the United States, has grown and become more complex. In addition, when Congress began to address national social problems, the Commerce Clause was often cited as the constitutional basis for such legislation. As a result, the Commerce Clause has become the constitutional basis for a significant portion of the laws passed by the Congress over the last fifty years, and it currently represents one of the broadest bases for the exercise of congressional powers. The reliance of the Congress on the Commerce Clause, however, has been controversial, as was the case with the passage of the Patient Protection and Affordable Care Act (PPACA, P.L. 111-148).
An examination of the United States Code shows that over 700 statutory provisions, covering a range of issues, explicitly refer to either “interstate” or “foreign” commerce. Over the last decade, however, the Supreme Court in United States v. Lopez and United States v. Morrison has brought into question the breadth of the Commerce Clause. While these cases have resulted in the overturning of a few federal laws, their overall effect has so far been relatively modest in scope. A recently decided Supreme Court case, Gonzales v. Raich, seems to confirm that the effect of these previous cases will be limited.
Date of Report: December 28, 2010
Number of Pages: 19
Order Number: RL32844
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
Todd B. Tatelman
Legislative Attorney
The Commerce Clause of the United States Constitution provides that the Congress shall have the power to regulate interstate and foreign commerce. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state. However, the Commerce Clause has never been construed quite so narrowly. Rather, the clause, along with the economy of the United States, has grown and become more complex. In addition, when Congress began to address national social problems, the Commerce Clause was often cited as the constitutional basis for such legislation. As a result, the Commerce Clause has become the constitutional basis for a significant portion of the laws passed by the Congress over the last fifty years, and it currently represents one of the broadest bases for the exercise of congressional powers. The reliance of the Congress on the Commerce Clause, however, has been controversial, as was the case with the passage of the Patient Protection and Affordable Care Act (PPACA, P.L. 111-148).
An examination of the United States Code shows that over 700 statutory provisions, covering a range of issues, explicitly refer to either “interstate” or “foreign” commerce. Over the last decade, however, the Supreme Court in United States v. Lopez and United States v. Morrison has brought into question the breadth of the Commerce Clause. While these cases have resulted in the overturning of a few federal laws, their overall effect has so far been relatively modest in scope. A recently decided Supreme Court case, Gonzales v. Raich, seems to confirm that the effect of these previous cases will be limited.
Date of Report: December 28, 2010
Number of Pages: 19
Order Number: RL32844
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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