PSC 2302 Lecture Notes - Lecture 9: Commerce Clause, Aaron Ogden, Thurgood Marshall
8 Oct 2020
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Article i, section 8 : [congress shall have power] to regulate commerce with foreign nations, and among the several states, and with the indian tribes : clause regulates commerce between the states and sets a national economy. Interstate : moving goods between two or more different states. Intrastate : moving goods within a single state: expected to be within the province of the state itself. Commerce clause allows a national government to regulate interstate commerce, foreign commerce with foreign nations and the indian tribes. Chief justice marshall begins to use the commerce clause as a tool to further nationalize government power: sets the stage for how the commerce clause is interpreted. Main issue becomes what is the definition of commerce and what is the definition of interstate, and can these definitions be stretched to a point where they become completely dislodged from their constitutional meaning. Majority opinion written by chief justice marshall, who gives a broad interpretation of commerce power.
