{ "id": "RL32844", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32844", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 431038, "date": "2014-05-16", "retrieved": "2016-04-06T20:25:13.424080", "title": "The Power to Regulate Commerce: Limits on Congressional Power", "summary": "The Commerce Clause of the United States Constitution provides that the Congress shall have the power to regulate interstate and foreign commerce. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state. However, the Commerce Clause has never been construed quite so narrowly. Rather, the clause, along with the economy of the United States, has grown and become more complex. In addition, when Congress began to address national social problems, the Commerce Clause was often cited as the constitutional basis for such legislation. As a result, the Commerce Clause has become the constitutional basis for a significant portion of the laws passed by Congress over the last 50 years, and it currently represents one of the broadest bases for the exercise of congressional powers.\nAn examination of the United States Code shows that more than 700 statutory provisions, covering a range of issues, are explicitly based on regulation of either \u201cinterstate\u201d or \u201cforeign\u201d commerce. Over the last two decades, however, the Supreme Court in United States v. Lopez and United States v. Morrison held that a gun possession law and a law regarding sexual violence were, respectively, beyond Congress\u2019s authority to regulate commerce. The effect of these cases, however, has so far been relatively modest in scope. For instance, a later case, Gonzales v. Raich, confirmed the authority of Congress to regulate medical marijuana, suggesting that the effect of the prior cases will be limited. Yet, in the case of National Federation of Business v. Sebelius, considering a challenge to an individual mandate to buy health insurance, the Court found that the Commerce Clause did not provide authority for such mandate. In Sebelius, the Court limited the use of the Commerce Clause to instances where individuals have already chosen to engage in a commercial activity (although it did find that such mandate could be enforced under Congress\u2019s power to tax).", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL32844", "sha1": "04af54dc1fff5bafa3e5ebb3627be9863fb001e1", "filename": "files/20140516_RL32844_04af54dc1fff5bafa3e5ebb3627be9863fb001e1.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32844", "sha1": "71079e63225715edd0a732e0934713bad862c7f8", "filename": "files/20140516_RL32844_71079e63225715edd0a732e0934713bad862c7f8.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 2164, "name": "Federalism" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc491073/", "id": "RL32844_2010Dec28", "date": "2010-12-28", "retrieved": "2015-01-27T19:40:46", "title": "The Power to Regulate Commerce: Limits on Congressional Power", "summary": "This report discusses the Commerce Clause of the United States Constitution, which provides that the Congress shall have the power to regulate interstate and foreign commerce.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20101228_RL32844_5a041d68f3cda302b32c0f25f388621942a07742.pdf" }, { "format": "HTML", "filename": "files/20101228_RL32844_5a041d68f3cda302b32c0f25f388621942a07742.html" } ], "topics": [ { "source": "LIV", "id": "Business", "name": "Business" }, { "source": "LIV", "id": "Foreign trade policy", "name": "Foreign trade policy" }, { "source": "LIV", "id": "International trade", "name": "International trade" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc816816/", "id": "RL32844_2005Jun17", "date": "2005-06-17", "retrieved": "2016-03-19T13:57:26", "title": "The Power to Regulate Commerce: Limits on Congressional Power", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050617_RL32844_2f49b41d61120a04f487445fdf88348589abece8.pdf" }, { "format": "HTML", "filename": "files/20050617_RL32844_2f49b41d61120a04f487445fdf88348589abece8.html" } ], "topics": [] } ], "topics": [ "Constitutional Questions" ] }