Opinion of Thomas, J.
§ 214(d) dealing with passports. Zivotofsky first argues that it falls within Congress' power “to regulate the issuance and content of United States passports.” Brief for Petitioner 17. The U. S. Senate, as amicus curiae, likewise contends that it can be justified under Congress' “plenary authority over passports,” which it derives from the penumbras of its powers “ `[t]o regulate Commerce with foreign Nations' ” and “ `[t]o establish an uniform Rule of Naturalization.' ” Brief for United States Senate 3 (quoting U. S. Const., Art. I, § 8, cls. 3, 4). None of these arguments withstands scrutiny.
The Constitution contains no Passport Clause, nor does it explicitly vest Congress with “plenary authority over passports.” Because our Government is one of enumerated powers, “Congress has no power to act unless the Constitution authorizes it to do so.” United States v. Comstock, 560 U. S. 126, 159 (2010) (Thomas, J., dissenting). And “[t]he Constitution plainly sets forth the `few and defined' powers that Congress may exercise.” Ibid. A “passport power” is not one of them.
Section 214(d)'s passport directive fares no better under those powers actually included in Article I. To start, it does not fall within the power “[t]o regulate Commerce with foreign Nations.” “At the time the original Constitution was ratified, `commerce' consisted of selling, buying, and bartering, as well as transporting for these purposes.” United States v. Lopez, 514 U. S. 549, 585 (1995) (Thomas, J., concurring). The listing of the place of birth of an applicant—whether born in Jerusalem or not—does not involve selling, buying, bartering, or transporting for those purposes. Cf. United States v. Morrison, 529 U. S. 598, 613 (2000) (“[O]ur cases have upheld Commerce Clause regulation of intrastate activity [under the power to regulate commerce among the several States] only where that activity is economic in nature”).
True, a passport is frequently used by persons who may intend to engage in commerce abroad, but that use is insuffi-
