Future Business Leaders of America (FBLA) Business Law Practice Exam

What clause in the U.S. Constitution gives Congress the power to regulate commerce among states?

1. Supremacy Clause

2. Commerce Clause

3. Necessary and Proper Clause

4. Anti-Trust Clause

The correct answer is: Commerce Clause

The Commerce Clause is a pivotal element of the U.S. Constitution that grants Congress the authority to regulate commerce among the states, with foreign nations, and with Native American tribes. This clause is vital for establishing the framework of federal regulation, particularly in areas where commercial relationships cross state lines. It serves as the foundation for a significant portion of federal legislation affecting economic activity and has been used to justify a range of regulatory measures, from civil rights protections to environmental regulations. The significance of the Commerce Clause lies in its broad interpretation by the courts, particularly in landmark cases like Wickard v. Filburn, where the Supreme Court affirmed that even indirect effects on interstate commerce could fall under federal regulation. This expansive view has allowed Congress to address issues that, at first glance, may appear local but are linked to larger interstate or national concerns. Other clauses mentioned, such as the Supremacy Clause, highlight the dominance of federal law over conflicting state laws but do not specifically empower Congress to regulate commerce. The Necessary and Proper Clause allows Congress to create laws deemed necessary to execute its powers, but it does not alone grant authority over commerce. The Anti-Trust Clause is not a recognized term in the Constitution; instead, antitrust laws stem from legislative acts aimed at promoting