AJ 025 Lecture Notes - Lecture 20: Commerce Clause, Supremacy Clause, Enumerated Powers
Document Summary
Section i, article i of the constitution endows congress with the. Legislative powers here-in granted not with unlimited legislative power. Any power of the national government must be authorized by the constitution before it can be legally exercised. There must be a constitutional basis for any proposed action of congress, including regulation of business. The most significant power to regulate business is found in article 1, Section 8 which is called the enumerated powers clause where several powers of the national government are specified. Article 1, section 8, clause 3 of the constitution is usually referred to as the commerce clause. Other parts are important in considering the regulatory power of congress include the necessary and proper clause and the supremacy clause. The clauses combine to allow congress to make all laws which shall be necessary and proper for carrying into execution those specifically enumerated powers and to make federal law which is the supreme law of the land .