GED Social Studies TestCivics and GovernmentHard
A state legislature is debating a bill that would establish new regulations for interstate commerce, specifically concerning the transportation of agricultural products across state lines. Some lawmakers argue that this falls under federal jurisdiction, while others believe the state has the authority. Which clause of the U.S. Constitution primarily grants Congress the power to regulate trade between states?
- AThe Necessary and Proper Clause
- BThe Supremacy Clause
- CThe Commerce Clause
- DThe Full Faith and Credit Clause
Show answer & explanationAnswer & explanation
Correct answer: C. The Commerce Clause
The Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution grants Congress the power 'to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.' This clause is the primary source of federal power over interstate economic activity.
Why the other options are wrong
- A. The Necessary and Proper Clause (Elastic Clause) allows Congress to make laws 'necessary and proper' for carrying out its enumerated powers, but doesn't define the commerce power itself.
- B. The Supremacy Clause establishes that federal law is supreme when in conflict with state law.
- D. The Full Faith and Credit Clause requires states to respect the public acts, records, and judicial proceedings of other states.
Commerce Clause
The Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution grants Congress the power to regulate commerce among the states, with foreign nations, and with Indian tribes.
- Expands federal power over economic activity
- Used to justify a wide range of federal legislation (e.g., civil rights, environmental protection)
- Has been subject to varying interpretations by the Supreme Court
- Limits state power to interfere with interstate trade
Memory trick: Congress has power to COMMERCE and more!