Question

The commerce clause is the basis for which of the following?

Answer 1

The commerce clause is the basis for the expansion of federal power over economic affairs.

The commerce clause has historically been read as both an explicit grant of power to Congress and an implied ban on state laws and regulations that obstruct or otherwise unfairly affect interstate commerce.

The so-called "dormant" trade clause is interpreted as an implied prohibition in the latter way. The commerce clause is the legal basis for much of the government's regulatory authority when interpreted positively.

The superiority and exclusivity of the federal government in matters relating to the regulation of trade with other countries are commonly acknowledged.

State and municipal governments have occasionally sought to deal with foreign policy issues that are entirely the purview of the federal government, but these attempts have always been overturned by the courts.

To learn more about the commerce clause refer to:

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