Kavi Bharara- The Commerce Clause

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The years following the declaration of independence and the adoption of the Constitution, marked incredible economic fragmentation and disorder among the 13 different states. The nation’s economy was deeply divided by the conflicting state legislations and trade policies/agreements, leading to a lack of cohesion and efficiency. Such economic turmoil and dissatisfaction voiced a need for changes to be implemented. 

Consequently, to address the intertwined economic and commercial challenges existing within states, the Commerce Clause was implemented into Article 1, section 8 of the Constitution. Essentially, the clause allows the United States Congress to regulate commercial activity and trade among states, foreign nations and Native American tribes. This shift of power to the central federal congress promotes a free market/enterprise among states and a unified framework for overseeing this interstate commerce. The clause also evidently creates a more level playing field among individual states, as it prohibits any regulations or laws at a state level that would interfere with national economic growth. Ever since its implementation back in 1789 however, the Commerce Clause has been subject to extensive interpretation and debate. The extent of congress’ ability to exercise such legislative power of state commerce, has been a part of an ongoing controversy, particularly in the context of conflicting Federalist/Anti Federalist ideals. As the framers never explicitly defined the word “commerce”, a wide-range of arguments and debates have ensued over what powers are exactly granted to congress. Some argue that the word reflects a narrow, limited definition of simply trade and exchange, while others claim it contains a more broad meaning of commercial and even social intercourses. While both interpretations have been argued, in our history, courts have generally adopted a border interpretation of the clause; for better or worse. Most notably, in the 1824 Supreme Court case Gibbons v. Ogden, the court ruled that Congress could regulate all interstate commerce and forbid any state legislation that would interfere with this power; an illustration of outright congressional power over states. How might this have sat with passionate anti-federalist thinkers who advocated for stronger state powers and were apprehensive of such a centralized federal power? In addition, a few years prior this, in 1808, the Commerce Clause was utilized to a broad extent when it gave Congress the power to abolish the slave trade with other nations; an example of the clause extending beyond economic matters to address significant social issues.   

It is important to note however, that the clause has also been witness to more narrow interpretations by the Supreme Court, particularly in a period between 1905 and 1907. During this period, courts explored the notion that the Commerce Clause did not grant Congress the power to implement laws obstructing an individual’s right to business contracts. Following this period however, courts began to return to overarching broad interpretations of the clause. 

 Evidently, the implications of the Commerce Clause have had a lasting impact on not only the political and economic landscape of the nation, but also its social fabric. We have seen its merits become invoked across an array of social contexts including desegregation, addressing interstate discriminatory practices and even slavery; all topics covered/witnessed in this curriculum. With that being said, due to its established precedent and overall positive social effect, the broader interpretation of the Commerce Clause is a more compelling, transformative argument. 

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