It is now enshrined, as a permanent option, through the new flexibility clause in the Amsterdam treaty.

ECONOMIST: Britain in Europe

The notion that -- we believe the President and the federal government does have the ability through the interstate commerce clause to ensure health care.

WHITEHOUSE: Press Briefing

But these studies have, for years, given politicians enough of a fig leaf to sneak what are effectively outright corporate subsidies through the courts without running afoul of the gift clause.

FORBES: Constitutional Protection Against the Corporate State

The Monsanto sale fell through and Harrington resigned from the board, but the clause remained.

FORBES: Running Dry

The Commerce Clause was written to make sure that states within the U.S. did not protect nascent industries through tariffs.

FORBES: The State Of the Union: An Excessive Amount of State