The Commerce Clause contained in the U.S. Constitution grants Congress the "power . . . [t]o regulate commerce with foreign nations, and among the several states." Const. art. I, ยง 8, cl. 3. The Commerce Clause is more than an affirmative grant of power to Congress. As long ago as 1824, Justice Johnson in his concurring opinion in Gibbons v. Ogden, recognized that the Commerce Clause has a negative sweep as well. The clause, "'by its own force' prohibits certain state actions that interfere with interstate commerce."
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