Commerce Clause Flashcards
What is the rule from Gibbons v. Ogden?
If a state and Congress both pass conflicting laws regulating interstate commerce, the federal law governs pursuant to Congress’s constitutional grant of power to regulate interstate commerce.
What is the rule from United States v. E.C. Knight Co.?
Congress may not use its general powers under the Commerce Clause to regulate manufacturing, production, mining, or agriculture.
What is the rule from Houston, East & West Texas Railway Co. v. United States?
Congress may regulate operations in all matters having a close and substantial relation to interstate traffic, to the efficiency of interstate service, and to the maintenance of conditions under which interstate commerce may be conducted upon fair terms.
What is the rule from Hammer v. Dagenhart?
Congress may not use its Commerce Clause power to regulate child labor in the states as this is a purely local matter.
What is the rule from Railroad Retirement Board v. Alton Railroad Co.?
Congress lacks the power to establish a compulsory retirement and pension plan for all carriers subject to the Interstate Commerce Act.
What is the rule from Schechter Poultry Corp. v. United States?
(1) Congress may not delegate legislative power to the executive without outlining strict standards for how the executive is to exercise that power. (2) Congress does not have the authority to regulate wholly intrastate activities that have only an indirect effect on interstate commerce.
What is the rule from NLRB v. Jones & Laughlin Steel Corp.?
Congress may regulate labor relations under its Commerce Clause power because labor relations have such a close and substantial relationship to interstate commerce that their control is essential to protect that commerce from burdens and obstructions.
What is the rule from United States v. Darby?
Congress may regulate the labor standards involved in the manufacture of goods for interstate commerce and may exclude from interstate commerce any goods produced under substandard labor conditions.
What is the rule from Wickard v. Filburn?
Congress may regulate local activity if that activity exerts a substantial economic effect on interstate commerce when aggregated with all like activity.
What is the rule from Heart of Atlanta Motel v. United States?
Congress may enact regulations that prevent racially discriminatory policies in hotel accommodations because of the negative effects of those policies on interstate commerce.
What is the rule from Katzenbach v. McClung?
Congress may regulate the discriminatory policies of restaurants through Title II of the Civil Rights Act if those policies have a substantial effect on interstate commerce.
What is the rule from United States v. Lopez?
Congress may not, pursuant to its Commerce Clause powers, pass a law that prohibits the possession of a gun near a school, because it is not a commercial act.
What is the rule from National Federation of Independent Business v. Sebelius?
The individual mandate contained in the Patient Protection and Affordable Care Act of 2010 is a valid use of Congress’s power to tax.
What is the rule from United States v. Morrison?
Congress may not regulate gender-motivated violence through the Commerce Clause, because it has no explicit connection with or effect on interstate commerce.
What is the rule from Gonzalez v. Raich?
Congress may regulate even noneconomic local activity if that regulation is a necessary part of a more general regulation of interstate commerce.
