In the thirteen years between the Declaration of Independence of 1776 and the adoption of the Constitution in 1789, the United States was primarily governed by thirteen different entities. Although the form of each government has been different, most of them have tended to elevate the legislative power above the executive and the judiciary and the legislative branch to react as much as possible to the feelings of the majority. Like the New Deal Court at United States v. Darby (1941), “Congress` power over intergovernmental trade is not limited to regulating trade between states.” The court stated that “while manufacturing is not in itself intergovernmental trade, the shipment of manufactured goods between states is such trade and Congress` prohibition of such delivery is undoubtedly a regulation of trade.” The power also extends “to activities within the federal state that influence intergovernmental trade or the exercise of Congress` power over it in such a way that the regulation of such activities is such as to achieve a legitimate purpose, namely the exercise of the power granted by Congress to regulate intergovernmental trade.” As an authority in favor of this principle, the court relied on the case of The Necessary and Correct Clause McCulloch v. Maryland (1819). State legislators began to legislate to free the (many) debtors from their debts, which undermined the rights of creditors (who were few) and the credit market. States have also erected a number of trade barriers to protect their own enterprises from competing companies in neighbouring countries. And because state lawmakers controlled their own trade, the federal Congress was unable to strike credible trade deals with foreign powers to open markets to U.S. products, in part by threatening to restrict foreign access to the U.S. market. regulate trade with foreign nations and between states and with Indian tribes; The text of the trade clause raises at least three questions of interpretation: what is “trade”? What is “among the different states”? And what is “regulating”? Some have argued that each of these notions of commercial power had an expansionist meaning in the general discourse at the time of its creation, while others claim that the meaning was more limited.

To address the problems of intergovernmental trade barriers and the possibility of entering into trade agreements, it contained the trade clause that gives Congress the power to “regulate trade with foreign nations and between different states and with Indian tribes.” The transfer to Congress of the power to regulate intergovernmental trade would allow the creation of a free trade area between the various States; Removing the power from states to regulate international trade would allow the president to negotiate treaties and authorize Congress to open foreign markets for American-made products. International trading power also gave Congress the power to abolish the slave trade with other nations, which it did on January 1, 1808, the earliest date authorized by the Constitution. . . .