Commerce Clause Debate

The cluster discusses the US Constitution's Commerce Clause (Article I, Section 8, Clause 3), its broad judicial interpretations allowing federal regulation of activities affecting interstate commerce, and landmark cases like Wickard v. Filburn.

📉 Falling 0.3x Legal
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#8217
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Keywords

FDR US McCarran wikipedia.org BTW USC IANAL RP NSA commerce interstate clause federal federal government regulate government states state congress

Sample Comments

nicobn Sep 6, 2014 View on HN

I'm glad that you can cite the constitution. Maybe you should also have cited clause 3: "[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes", which has been interpreted by the Supreme Court on multiple occasions as applicable to the instruments of commerce, even in intrastate commerce.

oh_sigh Sep 17, 2018 View on HN

Probably some interstate commerce clause justification.

nradov May 17, 2025 View on HN

Yes. This falls within the Constitution's interstate commerce clause.

enitihas Mar 16, 2020 View on HN

The federal government can claim it affects "interstate commerce".

tt433 Feb 18, 2021 View on HN

How is it legal for them to regulate interstate commerce?

tshaddox Apr 28, 2022 View on HN

The Interstate Commerce Clause says that the federal government has the constitutional authority to regulate interstate commerce, which likely means the federal government could prohibit California from doing this (I say "likely" because "interstate commerce" is complicated and has a long history of court cases). It doesn't say that no state can make any rules whatsoever that affect interstate commerce. Plenty of states have plenty of regulations in place for interstate

SamReidHughes Oct 7, 2019 View on HN

It depends on whether the federal law says so, assuming the Commerce Clause permits it. Read about the Commerce Clause for examples.

theonemind Dec 14, 2016 View on HN

https://en.wikipedia.org/wiki/Commerce_ClauseConsidering how broadly the federal government has interpreted this historically, arguably regulating far more than simple inter-state commerce, it seems like they could use this to outlaw this kind of activity.

vageli Jun 25, 2022 View on HN

I'm not a lawyer but to me that sounds like a state interfering with interstate commerce.

3pt14159 Jul 2, 2013 View on HN

This clearly falls under the interstate commerce clause, much more so than 99.9% of the laws passed under it.