U.S. Government and Civics / Unit 3: Federalism
3.3 The Commerce Clause
Notes
The commerce clause (Article I, Section 8) lets Congress regulate commerce "among the several States," with foreign nations and with Native American tribes.
- ***Gibbons v. Ogden* (1824)**: Congress, not New York, could regulate steamboats traveling between states. Commerce includes navigation and is defined broadly.
- After the New Deal, the Court allowed Congress to regulate many economic activities that affect interstate commerce.
- ***Heart of Atlanta Motel v. United States* (1964)**: Congress could ban racial discrimination in motels serving interstate travelers under the commerce clause.
- ***United States v. Lopez* (1995): the Court struck down the Gun-Free School Zones Act because carrying a gun near a school is not economic activity** substantially affecting interstate commerce. This limited the commerce clause and protected state power.
Practice
Gibbons v. Ogden is important because it:
The Court ruled that steamboat travel between states was interstate commerce controlled by Congress.
Congress passes a law banning guns near schools, citing the commerce clause. A court strikes it down because the activity is not economic. Which case set this precedent?
Lopez (1995) was the first major limit on the commerce clause in decades.
Congress used the commerce clause to require motels serving interstate travelers to serve customers of all races. The Court:
The Court found that discrimination by such motels affected interstate commerce.
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