1、 https:/crsreports.congress.gov November 15, 2021Congresss Authority to Regulate Interstate CommerceClause 3 of Article I Section 8 of the U.S. Constitution, generally referred to as the Commerce Clause, is one of the enumerated powers under which Congress may legislate. The clause states that Congr
2、ess shall have the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Congress may only act pursuant to its enumerated powers. Gregory v. Ashcroft, 501 U.S. 452, 460 (1991). The scope of those powers informs the kinds of laws Congress may ena
3、ct. Congress frequently invokes the Commerce Clause, and specifically the so-called Interstate Commerce Clause that addresses commerce “among the several states,” as the authority for a variety of legislation regulating domestic activity. The Supreme Court has often interpreted the scope of Congress
4、s authority to regulate interstate commerce under the Commerce Clause, and that interpretation has evolved over time. Prior to the 1930s, the Supreme Court took a relatively constrained view of the scope of the Commerce Clause, holding, for instance, that “the production of articles, intended for in
