D.1. Definition of Commerce

For purposes of this Charter, “commerce” means exchanging goods, services, labor, data, or financial value between persons or entities. It does not apply to the legislative branch’s powers of taxation.

This clause is straightforward. It is necessary because the constitutional definition of commerce has become increasingly distorted over time.

“But those precedents don’t matter if we ratify this Charter. You don’t need this.” Who made that rule? Interpretation of the Constitution of 1789 relies on precedent in English Common Law, where that document doesn’t explicitly supersede it. Why would this Charter’s interpretation be different? In fact, for coherence and continuity, we want to maintain precedents that aren’t directly overturned by the text of the Charter, right? That’s because that’s how people understand the law today. And if that’s the case, we need to define commerce.

The last sentence of this clause also makes an important distinction. The subsection explicitly limits this power so as not to interfere with the President's foreign policy. By limiting the definition of commerce to exclude taxation power,[1] this clause closes a potential end-run around the limitation on the President’s ability to impose, suspend, or repeal tariffs.

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[1] See Article II, Section 4.B.