U.S. Constitution · Article I, Section 8, Clause 3

Commerce Clause

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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)

Week of 2026-08-03: 18Week of 2026-08-10: 11Week of 2026-08-17: 11Week of 2026-08-24: 0Week of 2026-08-31: 3Week of 2026-09-07: 0Week of 2026-09-14: 13Week of 2026-09-21: 3Week of 2026-09-28: 7Week of 2026-10-05: 276Week of 2026-10-12: 108Week of 2026-10-19: 1

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

Cited in the VFA record

“Where this provision is cited”

SI Solutions (139)

Showing the 25 most recent. All 139: JSON.

grades (359)

Showing the 25 most recent. All 359: JSON.

roll-call votes (336)

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.