During the first century of the United States, the Congress acted upon the powers delegated to it by the Constitution, particularly those enumerated in Article I, Section 8. While this entailed some regulation by the national government, most economic policies were enacted at the state and local levels, and the federal government exercised little regulation of the economy. In the decades that followed the Civil War, the scope of power of Congress would grow exponentially. This expansion of power was fueled by new interpretations of the Commerce Clause in Article I, Section 8, which empowered Congress to “regulate interstate commerce.” However in the late nineteenth and twentieth centuries it was interpreted to justify a regulatory state that encompassed almost every aspect of American public life. These interpretations were confirmed and expanded by a series of Supreme Court decisions. The Supreme Court allowed Congress to exercise new powers in the name of commerce and to delegate its regulatory authority to the executive. In recent years there has been more resistance to this course of expansion. The Supreme Court more narrowly defined what commerce is and restricted the scope of congressional power. This has been further advanced by rules changes in the House of Representatives that require new bills to be more closely aligned with the enumerated powers of the Constitution.

Objectives

• Students will explain how the powers of Congress have changed over time especially due to changing understandings of the Commerce Clause of Article I, Section 8.
• Students will understand the role of the Supreme Court in broadly interpreting the Commerce Clause to expand the legislative powers of Congress and to allow Congress to delegate regulatory authority to the executive branch during and after the New Deal.
• Students will analyze the differences in length and complexity of language between laws written before 1900 and recent laws.

Student Handouts

• Handout A: Background Essay – The Commerce Clause and the Expanding Powers of Congress
• Handout B: Timeline of Changing Commerce Powers of Congress
• Handout C: Article I, Section 8 of the U.S. Constitution
• Handout D: Excerpts from U.S. v. Darby Lumber (1941)
• Handout E: Excerpts from U.S. v. Lopez (1995)
• Handout F: Interpreting Commerce Laws
• Handout G: Homestead Act of 1862
• Handout H: Affordable Care Act of 2010
• Handout I: Comparing Laws

Teacher Resources

• The Commerce Clause and the Expanding Powers of Congress Answer Key