The Commerce Clause is an enumerated power that is listed in the United States Constitution (Article 1 Section 8, Clause 3). This clause provides that the United States Congress shall be able to “Regulate Commerce with foreign Nations, among the various States, and with Indian Tribes.” Commentators and courts have been inclined to treat each of these three areas as an independent power granted by Congress.11 Commonly, you will see each component of the Commerce Clause described under specific terms, such as the Foreign Commerce Clause or the Interstate Commerce Clause.

Article I, Section 8 Clause 3: [The Congress shall be able] To regulate Commerce between foreign Nations, among the various States, and with Indian Tribes; The Congress was given the Commerce Clause as one of its most fundamental powers by its founders.