Briefly explain how Congress has used the commerce power as a basis for the exercise of implied powers.

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pohnpei397 eNotes educator| Certified Educator

Congress has used the commerce power to take the right to regulate many areas of American life today.  It can do this even though there are no enumerated powers that give it the right to regulate in that way.

For example, there is nothing in the Constitution that explicitly gives Congress the power to enact laws against discrimination in such places as restaurants and hotels.  However, Congress has outlawed these types of discrimination.  It has done so because it says that restaurants and hotels and other businesses are part of interstate commerce.  Thus, the Congress has used the commerce clause to give itself implied powers.