GED Social Studies TestCivics and GovernmentHard
A state legislature is debating a bill that would establish new regulations for interstate commerce, such as setting environmental standards for goods imported from other states. Legal scholars advise the legislature that such a law is likely unconstitutional. This advice is based on which constitutional principle?
- AThe Commerce Clause
- BThe Privileges and Immunities Clause
- CThe Necessary and Proper Clause
- DThe Full Faith and Credit Clause
Show answer & explanationAnswer & explanation
Correct answer: A. The Commerce Clause
The Commerce Clause grants Congress the power to regulate interstate commerce. A state attempting to set environmental standards for goods from other states would likely be seen as infringing upon this federal power, making the law unconstitutional.
Why the other options are wrong
- B. The Privileges and Immunities Clause prevents states from discriminating against citizens of other states, which is not the primary issue here.
- C. The Necessary and Proper Clause allows Congress to make laws 'necessary and proper' for executing its powers, it doesn't limit state power in this context.
- D. The Full Faith and Credit Clause requires states to respect the 'public acts, records, and judicial proceedings of every other state,' not to regulate interstate trade.
Commerce Clause
Article I, Section 8, Clause 3 of the U.S. Constitution, which grants Congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
- Broadly interpreted to expand federal power over the economy.
- Limits states' ability to regulate interstate trade, preventing economic protectionism.
- A foundational source of federal regulatory authority.
Memory trick: Congress can COMMERCE, COIN, and COMMAND.