Is the Commerce Clause an Expressed or Implied Power?

The Commerce Clause, found in Article I, Section 8 of the United States Constitution, is considered an expressed power. This clause gives Congress the authority to regulate commerce with foreign nations, among the several states, and with the Indian tribes.

Expressed powers are those specifically mentioned in the Constitution, whereas implied powers are those that are not explicitly stated but are necessary to implement the expressed powers. The Commerce Clause clearly outlines the power granted to Congress, making it an expressed power.

However, the scope of the Commerce Clause has been interpreted broadly by the courts, leading to the establishment of many implied powers under it. This means that while the Commerce Clause itself is an expressed power, the powers derived from it may include implied powers that allow Congress to take actions that are necessary and proper for regulating commerce.

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