Law According To A King

The commerce clause of the United States Constitution is one of its most powerful and least understood. As the third clause of Art.1 s.8 of the Constitution, it provides Congress with the power "to regulate commerce with foreign nations, and among the several States, and with the Indian tribes," and for the purposes of this discussion, we will be looking mainly at interstate commerce, as this is the part that impacts most on the domestic agendas of (primarily Democratic) presidents throughout the centuries. Before we dive into the case law on this clause, it is essential first to understand the three distinct eras of jurisprudence, where we see the commerce clause interpreted restrictively, then expand rapidly after the New Deal, before regressing to its position a century earlier as the 1990s draw to a close. Before the New Deal During this era, several tests were developed to determine when the Court would intervene in the commerce clause.  The 'substantial ec