The Commerce Clause contained in the US Constitution has been the source of controversy concerning whether the power of the Federal government has any real limits. Consider the problem faced by our Founding Fathers as they designed the new Federal government - they needed to avoid unduly infringing on state sovereignty over commerce generally while providing a mechanism by which the Federal government could prevent individual states from acting to restrict commerce among the states in biased self-serving ways that could have the effect of choking the national economy. The language of the Commerce Clause is the product of their labors in this regard and reflects their compromise intended to balance competing interests in a workable manner.

Read the Commerce Clause and express your views with respect to each of the following questions:

1) Does the Commerce Clause operate to limit the powers of the Federal government, or does it operate to increase those powers?

2) Today, is there any part of our economy that is NOT interstate in nature and thus is beyond the reach of the Federal government?

3) Should the Federal government have plenary authority to regulate commerce in the US, or is there an appropriate limit to that authority?

4) What, if any, role should states have in this area?

5) Does the Tenth Amendment to the US Constitution mean anything in the context of commerce?