Cases- The Commerce Clause

Question 1

Gibbons v. Ogden (1824)

Answer 1

Does NY’s law violate interstate commerce?
Yes, congress has the power to regulate commerce “among several states” and states cannot interfere with the execution of the general powers of the federal government
Involves navigation (established broad scope of the commerce clause)

Question 2

United States v. E.C Knight Co. (1895)

Answer 2

Used the indirect/directs test
Found that cultivation of sugar is subject only to state regulation (set difference between commerce and manufacturing)

Question 3

Hoke v. United States (1913)

Answer 3

Does the Mann Act of 1910, which made it illegal to transport women across state lines for immoral purposes, exceeded the scope of Congress’s power under the Commerce Clause of the Constitution?

States have police powers over intrastate commerce
Fed gov. Can justify laws as proper regulation/execution of delegated power (substantial effects test)

Question 4

Champion v. Ames (1903)

Answer 4

Under the commerce clause, can congress prohibit the intrastate shipment of lottery tickets?
Law recognizes that congress may not regulate/ban lotteries that take place intrastate (federal police power)

Question 5

Hammer v Dagenhart (1918)

Answer 5

Is the FCLA a proper exercise of congress’ commerce power?
Constitutional structure depends on leaving “purely local” matters to the states (direct/ indirect effects test)

Question 6

A.L.A Schechter Poultry Corp. v. United States (1935)

Answer 6

The local sales of goods that traveled in interstate commerce were within the regulatory reach of congress. Congress could not impose minimum wage laws on Schechter’s company since they did not manufacture goods, but sold ones that had traveled in interstate commerce (limited congress’ power under the commerce clause)

Question 7

National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)

Answer 7

Is the national labor relations act constitutional given Congress’ commerce power?
Intrastate activities that have close & substantial relation to interstate commerce, makes their control by congress essential

Question 8

United States v. Darby (1941)

Answer 8

Fair Labor Standards Act
Congress’ power extends to those activities (intra & inter) that substantially affect interstate commerce
Unequal labor standards have substantial effect on interstate commerce, the 10th amendment is nothing but truism

Question 9

Wickard v. Filburn (1942)

Answer 9

1938 Agricultural Adjustment Act
Is an individual’s growing wheat a local activity?
Even if appellees activity may be local activity, it is still subject to regulation if it exerts a substantial effect on interstate commerce
Homegrown wheat competes w/ wheat in the commerce (aggregation principle and substantial effects test)

Question 10

Heart of Atlanta Motel, Inc. v. United States (1964)

Answer 10

Is the civil rights act of 1964 constitutional under commerce clause
Ample evidence of the burden upon interstate commerce done by racial discrimination
Congress can remove any restraints/obstructions that substantially affect interstate commerce

Question 11

Katzenbach v. McClung (1964)

Answer 11

Congress can regulate local activity that uses items that have traveled in interstate commerce

Question 12

Perez v. United States (1971)

Answer 12

Congress’s enactment of the CCPA is a valid use of Commerce Clause power because Congress had a rational basis to believe that the conduct they were seeking to prohibit had an effect on interstate commerce.
(3 categories)
Commerce clause reaches categories of problems
Use of channels of interstate or foreign commerce which congress deems are being misused
Protection of instrumentalities of interstate commerce
Those activities that substantially affects commerce

Question 13

United States v. Lopez (1995)

Answer 13

Is the possession of a firearm on school grounds commercial activity subject to congressional regulation?
Possession of a gun is not economic activity that affect interstate commerce (limit on congress’ commerce regulation during the republican era)

Question 14

United States v. Morrison (2000)

Answer 14

Does congress have the authority to pass the law under the commerce clause?
Gender motivated crimes of violence are not economic activity, congress cannot regulate noneconomic violent criminal conduct (limits of congress’ commerce regulation under the republican era)

Question 15

Gonzales v. Raich (2003)

Answer 15

Raich grew her own marijuana
Does the CSA (Controlled Substances Act) exceed congress’ power under commerce clause?
Congress can regulate intrastate activity that is essential to a larger regulation of economic activity
Regardless of intention, Raich was cultivating a commodity that has established market

Question 16

Commerce Analysis of NFIB v. Sebelius (2012)

Answer 16

Is the individual mandate sustainable under congress’ commerce regulation? Does the Medicaid expansion scheme violate congress’ spending power?
Congress has the power to regulate commerce, not to compel it
Commerce regulation assumes pre-existing commercial activity to be regulated
Founders never envisioned having congress use its congress power to compel citizens to act as fed gov wants them to

Question 17

Justice Steven’s Dissent
Printz v United States

Answer 17

10th amendment imposes no restrictions on the exercises of delegated powers
When congress exercises the power delegated to it by the constitution, it may impose affirmative action