Commerce Clause

Question 1

Unites States v Lopez (1995)

Answer 1

Court found:

• non-economic, criminal nature of conduct
• no jurisdictional element
• no legislative history of express findings linking gun possession to interstate commerce

Question 2

Gonzales v. Raich (2005)

Answer 2

Congress can regulate marijuana grown at home purely for medicinal purposes

Question 3

NFIB (2012) Commerce Clause

(Ruling on use of commerce clause to justify requirement to purchase healthcare under Affordable Care Act”

Answer 3

Congress cannot regulate non-activity under the Commerce Clause

The ‘individual mandate’ requiring individuals to purchase health insurance through a private insurer violates the Commerce Clause

Question 4

The Commerce clause (Article I Section 8)

Answer 4

the Congress shall have the power to regulate commerce with foreign nations, and among the several states, and with indian tribes

Question 5

Categories of commerce that congress can regulate

Answer 5

Three categories of commerce congress can regulate
1) Channels of interstate commerce
2) instrumentalities or persons or things in interstate commerce (even if though the threat may come only from intrastate activities)
3) substantial affect
(US v. Lopez (1995)(finding gun possession in schools is not commerce)

Question 6

Considerations used to determine if an activity substantially affects interstate commerce.

Answer 6

1) Whether the regulated activity is commercial in nature
2) Whether the congressional statute contains a jurisdictional element
3) Whether congress reasonably found the regulated activity substantially affects interstate commerce
4) Whether the link between the regulated activity and interstate commerce is too attenuated