Among the powers granted to Congress in Article I, Section 8 of the U.S. Constitution is the power to regulate interstate commerce. Over time, legislators, lawyers, politicians, and business people have argued over just what the commerce power means. For instance, it may be clear that the commerce power would give Congress the ability to make laws regarding transportation networks, such as train lines and highways, that cross state lines. However, would the commerce power give Congress the ability to establish regulations on the production of goods and services that will eventually cross state lines? These and other questions regarding the commerce power have been answered by numerous cases heard by the Supreme Court of the United States (see activity titled "How Interpretation of the Commerce Power Has Changed Over Time"). However, the question of what the Commerce Clause entitles Congress to do and legislate on is still a very open question.

Since the mid-1930s, Congress and the Supreme Court of the United States have tended to view the commerce power rather expansively. In other words, the commerce power is used to justify a wide range of powers and legislation, some of which have only a marginal link to interstate commerce. For an idea of how Congress views the link between its lawmaking and commerce, you can go to the THOMAS Legislative Information section of the Library of Congress web site. If you search for legislation by typing in the word "commerce" you can find what bills have somehow been linked to commerce. Some of them might surprise you!

Directions

The link below contains a brief list of bills that the 107th Congress was considering in the first half of 2001 that have some connection to commerce. After reading the description of each bill, have students discuss or make a note of the connection that legislation may have to interstate commerce. Then have them rate that connection on a scale of one to five, one being a weak connection to interstate commerce and five being a strong connection to interstate commerce. They can compare their ratings to those of other students.

What Does that Law Have to Do with Interstate Commerce?