Commerce Clause

Question 1

Who the commerce clause applies to

Answer 1

This clause applies to the federal government

Question 2

Is the commerce clause a source or prohibition of power

Answer 2

the commerce clause is a source of power

Question 3

What does the commerce clause do?

Answer 3

This clause gives congress broad power to regulate interstate commerce.

Question 4

Under the commerce clause, congress can regulate four categories of activities involving interstate commerce. They are:

Answer 4

1. channels of interstate commerce
2. instrumentalities of interstate commerce
3. articles moving in interstate commerce, and
4. activities “substantially affecting” commerce

Question 5

For the purposes of the MBE, you need only determine these things to see if the commerce clause applies. If both these factors are true, the statute is valid under the commerce clause.

Answer 5

1. The activity is commercial, and
2. The activity “substantially affects” interstate

commerce or the activity is part of a general class of activities that, collectively, substantially affect interstate commerce.

Question 6

How commerce clause questions typically appear on the MBE

Answer 6

They involve the sale or disribution of an item, usually in a commercial setting.

Question 7

If the statute is non-commercial, this is the test to see whether it is valid under the commerce clause.

Answer 7

To determine this, you must find a “pretty obvious connection” between the activity to be regulated and interstate commerce.