Commerce Clause

“The Commerce Clause is a constitutional provision in Article I, Section 8 that grants Congress the authority to regulate trade between states, with foreign nations, and with tribal governments, serving as the primary source of federal regulatory power over business activities.”

The Commerce Clause establishes boundaries for federal authority over business regulation, including tariff implementation. Courts interpret this clause to determine whether federal trade policies exceed constitutional limits or unfairly burden interstate commerce.

When federal agencies impose tariffs or trade restrictions that harm small businesses, the Commerce Clause provides grounds for legal challenge. Understanding these constitutional boundaries helps protect businesses from government overreach in trade regulation.

Contact TariffCounsel to evaluate whether federal tariff actions affecting your business violate Commerce Clause protections.