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- The Commerce power is the power of congress to regulate interstate, and foreign trade. It is as vital to the welfare of the nation as the taxing power.
-The Commerce power played a major role in the formation of the union.
-The weak congress created under the articles had no power to regulate interstate trade and only very little authority over foreign commerce.
-The commerce clause made it possible for a strong union to be built out of a weak confederation of the states.
-The commerce power is not unlimited. It, too, must be used in accord with all other provisions in the constitution.
- Congress could not say that only companies that employ only native born citizens can do business in more than one state. Such an arbitrary regulation would violate the 5th amendments due processes clause.
- The constitutions also places explicit limitations on the use of the commerce power.
-First, article 1 section 9, clause 5 forbids congress the power to tax exports.
-Second, article 1, section 9, clause 6 prevents congress from favoring the ports of one state over those of any other in the regulation of trade.
-Third, the same provision forbids congress to require that "vessels bound to, or form, one state, be obligated to enter, clear, or pay the duties in another."
-The fourth limitation is the curious "slave trade compromise" found in article 1 section 9 clause 1. That clause has been obsolete for more than 180 years now.
-The Commerce power played a major role in the formation of the union.
-The weak congress created under the articles had no power to regulate interstate trade and only very little authority over foreign commerce.
-The commerce clause made it possible for a strong union to be built out of a weak confederation of the states.
-The commerce power is not unlimited. It, too, must be used in accord with all other provisions in the constitution.
- Congress could not say that only companies that employ only native born citizens can do business in more than one state. Such an arbitrary regulation would violate the 5th amendments due processes clause.
- The constitutions also places explicit limitations on the use of the commerce power.
-First, article 1 section 9, clause 5 forbids congress the power to tax exports.
-Second, article 1, section 9, clause 6 prevents congress from favoring the ports of one state over those of any other in the regulation of trade.
-Third, the same provision forbids congress to require that "vessels bound to, or form, one state, be obligated to enter, clear, or pay the duties in another."
-The fourth limitation is the curious "slave trade compromise" found in article 1 section 9 clause 1. That clause has been obsolete for more than 180 years now.