Clause 3.—Regulation of Commerce.
To regulate commerce[1] with foreign nations, and among the several states,[2] and with the Indian tribes.[3]
[1] The power to regulate commerce implies the power to prescribe rules for traffic and navigation, and to do such things as are necessary to render them safe. It has been interpreted to cover, among other things, the imposition of duties, the designation of ports of entry, the removal of obstructions in bays and rivers, the establishment and maintenance of buoys and lighthouses, and legislation governing pilotage, salvage from wrecks, maritime insurance, and the privileges of American and foreign ships.
[2] The power to regulate commerce with foreign nations should go hand in hand with that of regulating commerce among the states. This power had, under the confederation, been in the hands of the several states. Their jealousies and rivalries had led to retaliatory measures upon each other. This condition of affairs was encouraged by other nations, because they profited by it. At the time of the adoption of the constitution, business was terribly depressed, and the bitterness of feeling among the states would probably soon have disrupted the Union. Therefore, "to insure domestic tranquility," and "to promote the general welfare," the power to regulate commerce was delegated to the general government.
[3] This control is exercised even when the Indians live within the boundaries of a state.
By placing the power to regulate commerce with Indians in the hands of the general government it was hoped that uniformity of regulations and the strength of the government would secure peace and safety to the frontier states.
Clause 4.—Naturalization and Bankruptcy.
To establish a uniform rule of naturalization[1] and uniform laws on the subject of bankruptcies[2] throughout the United States.
[1] Naturalization is the process by which an alien becomes a citizen. The mode is given on page 319.
[2] A bankrupt is one who has been declared by a court to be owing more than he can pay.