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Commerce power: Congress has the power to make rules about things that go between states, like roads and planes. They can also make rules about things that happen in one state but affect other states a lot. This power comes from a part of the Constitution called the Commerce Clause. Congress has used this power to make many important laws, like the ones that make sure people with disabilities can go to work and that everyone is treated fairly no matter their race. States can't make rules that stop people from doing business with other states because of this power.
Commerce power is a term used to describe the power of Congress to regulate the channels and instrumentalities of interstate commerce. This means that Congress has the authority to regulate the highways, waterways, air traffic, cars, trucks, ships, and airplanes that are used for interstate commerce. Additionally, Congress can regulate activities that have a significant impact on interstate commerce.
This power is granted to Congress by the Commerce Clause, which is found in Article 1, Section 8, Clause 3 of the United States Constitution. This power is one of the most far-reaching sources of regulatory authority that Congress has, and it has been used to support a wide range of statutes over the years.
For example, the Americans with Disabilities Act, the Civil Rights Act of 1964, and the Federal Food Drug & Cosmetic Act are all based on Congress's commerce power. These laws regulate activities that have a significant impact on interstate commerce, such as discrimination in the workplace or the sale of food and drugs across state lines.
It's important to note that Congress's commerce power also has a preemptive effect on the ability of state governments to regulate commerce. This means that states are prevented from passing laws that discriminate against other states or that burden interstate commerce.
For example, in the case of Tenn. Wine & Spirits Retailers Association v. Thomas, a Tennessee statute that required parties wishing to operate a liquor store to obtain a license unless they lived in Tennessee for over two years was struck down as unconstitutional for violating the Dormant Commerce Clause. This clause prevents states from passing laws that discriminate against other states or that burden interstate commerce.
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