Benefits Of The Commerce Clause

According to Jennings (2018), “The Commerce Clause is found in Article I, Section 8, Part 3, of the U.S. Constitution and provides Congress with the power “to regulate Commerce with foreign Nations, and among several States” (p.143). The constitution itemizes certain powers within the federal government. Powers that is not authorized to Congress by the Constitution is remoted for the state due to the establishment of the Tenth Amendment. Congress has been observed using the Commerce Clause to explain exercising legislative authority over the activities of states and their citizens. This exercise has resulted to significant increase and rising controversy pertaining to the balance of power amongst the federal government and the states. The Commerce Clause permits Congress to regulate …show more content…
However, where there is an obvious compelling state interest to protect, state regulations are constitutional. Commerce Clause deals with issues beyond conflicts within federal power. The explanation given for the clause exhibits the amount of commerce the state can manage without interrupting in the congressional domain of interstate commerce. Jennings (2018) proposed, “In answering this this question, the courts are concerned with two factor: (1) whether federal regulation supersedes state involvement and (2) whether the benefits achieved by the regulation outweigh the burden on interstate commerce” (p. 147). These two factors are put in place to help prevent states from passing laws that would cause local organizations unfair advantages over interstate businesses. States are able to regulate interstate commerce under some circumstances. Properly exercising police power is when these circumstances occur. Police power is a states’ power to pass laws that assist to protect health and safety and public