In the United States Constitution, Article 1, Section 8, Clause 3 envisages the Commerce Clause which gives Congress power to regulate commercial transactions with foreign Nations, several states, and the Indian Tribes (Mason & Stephenson, 2015). The term commerce refers business exchange in all its forms among a variety of citizens in different countries. It involves social interactions through communication from one country to another. Congress has the power to regulate trade between these countries; that is the process of goods and services moving from one state to another. However, it cannot control the products directly nor the process of creating those products. (Mason & Stephenson, 2015).
Researchers assert that the Congress has the mandate to regulate trade yet the Congress is restricted in the Commerce Clause. Congress apparently has no power to regulate commerce within a single state or country. If a manufacturing company initiates business within its production state, then the Congress has no authority to dictate its dealings as per the Commerce Clause (Harris, 2015). However, if a state law conflicts the power conferred to the Congress by the Commerce Clause, then the state law is deemed null and void. Commerce law is limited to the stated jurisdictions which makes it more potent than state laws by default. The Commerce law was designed to eliminate conflict in dealings among the states it governs when it comes to commercial transactions. The Commercial Clause is crucial in preventing the favor of state laws to its citizens when it comes to dealing commercially with other states (Harris, 2015). Notably, the clause has been manipulated by Congress more often than not since they are in control of all matters commerce. Despite this, the commerce clause has played a significant part in keeping commercial relations healthy between in local states, the foreign states, and Indian nations.
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- Harris, D. P. (2015). An Unconventional Approach to Reviewing the Judicially Unreviewable: Applying the Dormant Commerce Clause to Copyright. Ky. LJ, 104, 47.
- Mason, A. T., & Stephenson, G. (2015). American constitutional law: introductory essays and selected cases. UK: Routledge.