THE SUPREME COURT'S COMMERCE CLAUSE JURISPRUDENCE THROUGH CHANGES IN POLITICS AND PUBLIC OPINION

Abstract

The Commerce Clause, embedded in Article 1, Section 8, Clause 3 of the Constitution, has been widely debated throughout the past two centuries. When analyzing Supreme Court jurisprudence, we see that the Court’s interpretation of the Commerce Clause has changed significantly over time. While the Court has been mostly consistent over the past ninety years, we must view Commerce Clause cases in their historical context - specifically the social movements of the time, the particular Justices serving on the Court, and the day’s political winds. It is important to see how Commerce Clause jurisprudence has changed over time in order to understand how it might change the way the federal government operates in the future. In this area, the Court has tremendous power and could greatly alter federal power as we know it. While many Americans are unaware of its importance, the Commerce Clause is something that can affect their everyday lives.