Commerce Clause

Question 1

What is the commerce clause

Answer 1

The commerce clause gives Congress the power to regulate interstate commerce

Question 2

What can Congress regulate under its commerce power

Answer 2

Under the commerce power congress can regulate:
1. channels of interstate commerce
2. instrumentalities of interstate commerce
3. activities that substantially affect interstate commerce

Question 3

When does an activity have a substantial effect on commerce such that it can be regulated

Answer 3

Inter or intrastate economic activity that has a substantial effect upon interstate commerce can be regulated

Question 4

What are limitations on commerce power legislation?

Answer 4

Congress cannot regulate intrastate non-economic activity unless that activity is within a comprehensive scheme extending to economic activity