U.S. Constitution · Article I, Section 8, Clause 3
Commerce Clause
Alerts when a new grade, SI Solution or Think Tank idea cites Art. I, § 8, cl. 3.
Also known as: Commerce Clause
Live in the VFA record
Cited in 21 SI Solutions, 359 grades, 4 Think Tank ideas and 1 SI Senate measure this month.
839 public items cite this provision · 385 in October 2026 (last month: 26)
Citations per week, last 12 weeks
The text
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
National Archives transcription (public domain; original spelling and capitalization). archives.gov
SI explainer
An explainer for this provision is in the queue. It appears here once it passes the SI Editorial Standard’s automated checks. The text, founding-era sources and live citations below are complete.
In the founders’ words
- “The defect of power in the existing Confederacy to regulate the commerce between its several members, is in the number of those which have been clearly pointed out by experience. To the proofs and remarks which former papers have brought into view on this subject, it may be added that without this supplemental provision, the great and essential power of regulating foreign commerce would have been incomplete and ineffectual.” James Madison, The Federalist No. 42 (1788-01-22)
- “A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former.” James Madison, The Federalist No. 42 (1788-01-22)
- “Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.” James Madison, James Madison to Joseph C. Cabell, February 13, 1829 (1829-02-13)
Public-domain primary sources, quoted word for word and checked against the linked text.
Leading Supreme Court cases
- Gibbons v. Ogden, 22 U.S. 1 (1824)
- United States v. E. C. Knight Co., 156 U.S. 1 (1895)
- Hammer v. Dagenhart, 247 U.S. 251 (1918) · overruled by United States v. Darby (1941)
- A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935)
- NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937)
- United States v. Carolene Products Co., 304 U.S. 144 (1938)
- Edwards v. California, 314 U.S. 160 (1941)
- United States v. Darby, 312 U.S. 100 (1941)
- Wickard v. Filburn, 317 U.S. 111 (1942)
- Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964)
- Katzenbach v. McClung, 379 U.S. 294 (1964)
- Pike v. Bruce Church, Inc., 397 U.S. 137 (1970)
- National League of Cities v. Usery, 426 U.S. 833 (1976) · overruled by Garcia v. San Antonio Metropolitan Transit Authority (1985)
- Philadelphia v. New Jersey, 437 U.S. 617 (1978)
- Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985)
- United States v. Lopez, 514 U.S. 549 (1995)
- Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996)
- United States v. Morrison, 529 U.S. 598 (2000)
- Gonzales v. Raich, 545 U.S. 1 (2005)
- Granholm v. Heald, 544 U.S. 460 (2005)
Cited in the VFA record
“Where this provision is cited”
SI Solutions (139)
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Voluntary Grid Forecasting Improvement and State Choice Act
2026-10-19
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Interstate Transit Fair Notice and Reporting Act
2026-10-18
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Voluntary Agroterrorism Preparedness Exercise with Cost Cap and Sunset
2026-10-17
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Port Clean Air Pilot and Federal Review Act
2026-10-17
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Limited Memory Chip Study With Cost Cap and Sunset
2026-10-17
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Limited Review and Open Model Support Act for Artificial Intelligence
2026-10-17
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SI Corrected Executive Form for Ending Emergency Duties Under Executive Order 14389
2026-10-16
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Corrected Order for Defense Supply of Elemental Phosphorus and Farm Inputs Under Existing Law
2026-10-16
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Temporary Import Surcharge Authorization and Accountability Act
2026-10-16
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Cobalt Supply Chain Accountability and Sunset Act
2026-10-16
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Pension Withdrawal Liability Notice and Review Proposal
2026-10-15
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Ratepayer Protection Act for Large Data Centers
2026-10-15
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Improved Snow Forecasts with Capped Funding and State Protections
2026-10-15
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Title III Clarity, Notice, and Reporting Act
2026-10-15
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Safe Evidence Storage Pilot With Security and Accountability Limits
2026-10-15
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Corrected Ceremonial Proclamation for National Agriculture Day, 2026
2026-10-12
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Corrected SI Executive Order: Lawful Rancher Support Within Current Authority
2026-10-08
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SI Cherokee Historic Sites Trust and River Protection Draft
2026-10-08
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Lower Elwha Trust Lands Restoration and Accountability Act
2026-10-08
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Fair Livestock Markets and Interstate Meat Access Act
2026-10-08
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H-1B Program Integrity and American Worker Protection Act
2026-10-07
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Temporary Suspension of Additional Duties on Canadian Alcoholic Beverages, Dairy, and Motor Vehicles
2026-08-23
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Resilient Roofing Block Grant Act of 2025
2026-08-22
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Federal Invasive Species Interstate Commerce and Lands Protection Act of 2026
2026-08-21
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Unmanned Aircraft Systems Import Security Act of 2026
2026-08-20
Showing the 25 most recent. All 139: JSON.
grades (359)
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H.R. 10170: Memory Chip Competitiveness Assessment Act of 2026
2026-10-17 · Grade A (Constitutional)
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H.R. 10325: To increase the mandatory contribution amount of Federal Home Loan Banks to the Affordable Housing Program, and for other purposes.
2026-10-17 · Grade B (Mostly sound)
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S. 5028: Ratepayer Protection Act
2026-10-14 · Grade B (Mostly sound)
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H.R. 9616: EMRTAI Authorization Act of 2026
2026-10-14 · Grade B (Mostly sound)
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H.Res. 1411: Providing for consideration of the bill (H.R. 2162) to provide for the protection of the integrity of honey marketed in the United States, and for other purposes.
2026-10-14 · Grade B (Mostly sound)
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H.R. 9382: To require the Commissioner of U.S. Customs and Border Protection to link together applications of family members throughout the NEXUS application process, and for other purposes.
2026-10-14 · Grade A (Constitutional)
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H.R. 9330: Earned Wage Access Consumer Protection Act
2026-10-14 · Grade B (Mostly sound)
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H.R. 9331: STOP Payments Fraud Act of 2026
2026-10-14 · Grade C (Significant issues)
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S. 4785: FDPIR Tribal Food Sovereignty Act of 2026
2026-10-14 · Grade A (Constitutional)
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H.R. 9170: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2027
2026-10-14 · Grade C (Significant issues)
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H.R. 9171: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027
2026-10-14 · Grade B (Mostly sound)
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H.Res. 1340: Expressing strong opposition to the imposition of digital services taxes and other relevant similar measures by other countries that unfairly discriminate against United States companies.
2026-10-14 · Grade A (Constitutional)
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H.R. 8658: Indian Health Service Emergency Claims Parity Act
2026-10-14 · Grade A (Constitutional)
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H.R. 8665: Allied Defense Sales Act
2026-10-14 · Grade A (Constitutional)
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H.R. 8141: Fair Credit Reporting Reseller Accuracy Act
2026-10-14 · Grade A (Constitutional)
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H.R. 8005: Stop Pills That Kill Act
2026-10-14 · Grade C (Significant issues)
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S. 3984: United States Commission on International Religious Freedom Reauthorization Act of 2026
2026-10-14 · Grade B (Mostly sound)
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S. 5254: Civil Nuclear Export Act of 2026
2026-10-14 · Grade B (Mostly sound)
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S. 5200: Spotted Lanternfly Research and Development Act
2026-10-14 · Grade A (Constitutional)
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H.Res. 1459: Expressing support for the designation of July 2026 as "American Grown Flower and Foliage Month".
2026-10-14 · Grade A (Constitutional)
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H.R. 9976: SWAT Act of 2026
2026-10-14 · Grade B (Mostly sound)
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H.R. 9908: Rural Hospital Cybersecurity Enhancement Act
2026-10-14 · Grade B (Mostly sound)
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H.R. 9946: Equity in STI Testing Act
2026-10-14 · Grade B (Mostly sound)
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H.R. 9918: Enhancing K–12 Cybersecurity Act
2026-10-14 · Grade B (Mostly sound)
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H.Res. 1447: Recognizing that for 55 years, the Republic of Fiji has worked with the United States toward stability, prosperity, and peace in the Pacific and beyond, and expressing the sense of the Ho
2026-10-14 · Grade A (Constitutional)
Showing the 25 most recent. All 359: JSON.
Think Tank ideas (4)
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A Civil Justice Integrity Framework for Truth and Responsibility
2026-10-16
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VFA Proposal for Reviewable Exclusion From Importation After Maintained Discrimination
2026-10-08
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National Health Research Translation and Coordination Framework
2026-10-08
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VFA Proposal for H-1B Integrity Review and Worker Protection
2026-10-08
SI Senate measures (1)
roll-call votes (336)
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Senate roll call 254 (2026): On Cloture on the Motion to Proceed on H.R. 9340
2026-09-30 · Cloture on the Motion to Proceed Rejected · official record
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Senate roll call 245 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Agreed to · official record
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Senate roll call 246 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Rejected · official record
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Senate roll call 247 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Rejected · official record
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Senate roll call 248 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Rejected · official record
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Senate roll call 249 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Rejected · official record
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Senate roll call 250 (2026): On Passage of the Bill on S. 4668
2026-09-28 · Bill Passed · official record
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Senate roll call 242 (2026): On the Amendment on S. 4668
2026-09-24 · Amendment Agreed to · official record
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Senate roll call 243 (2026): On the Cloture Motion on S. 4668
2026-09-24 · Cloture Motion Agreed to · official record
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Senate roll call 240 (2026): On the Cloture Motion on S. 4668
2026-09-22 · Cloture Motion Agreed to · official record
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Senate roll call 236 (2026): On the Motion to Proceed on S. 4668
2026-09-17 · Motion to Proceed Agreed to · official record
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House roll call 312 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 9340
2026-09-16 · Passed · official record
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House roll call 313 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 9497
2026-09-16 · Passed · official record
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House roll call 314 (2026): On Motion to Suspend the Rules and Pass on S 2403
2026-09-16 · Passed · official record
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House roll call 311 (2026): On Passage on H J RES 213
2026-09-16 · Passed · official record
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House roll call 308 (2026): On Motion to Concur in the Senate Amendments on H R 5334
2026-09-16 · Passed · official record
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Senate roll call 234 (2026): On Cloture on the Motion to Proceed on H.R. 3633
2026-09-15 · Cloture on the Motion to Proceed Rejected · official record
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House roll call 301 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 2978
2026-09-15 · Passed · official record
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House roll call 302 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 8278
2026-09-15 · Passed · official record
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House roll call 304 (2026): On Motion to Suspend the Rules and Pass on H R 2140
2026-09-15 · Passed · official record
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House roll call 306 (2026): On Passage on H J RES 210
2026-09-15 · Passed · official record
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Senate roll call 235 (2026): On Cloture on the Motion to Proceed on S. 4668
2026-09-15 · Cloture on the Motion to Proceed Agreed to · official record
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House roll call 297 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 3276
2026-09-14 · Passed · official record
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House roll call 294 (2026): On Passage on H R 1501
2026-09-02 · Passed · official record
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House roll call 290 (2026): On Motion to Recommit on H R 9436
2026-09-01 · Failed · official record
Showing the 25 most recent. All 336: JSON.
Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.
Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 8, Clause 3, https://www.valuesforamerica.com/constitution/article-1/section-8/clause-3
Data: this provision as JSON.