Commerce Clause Flashcards
What is the clause?
“Congress shall have power to regulate commerce among several states”
-One of Congress’s most important sources of legislative powers
Public Health sig of clause
-Does not explicitly/allude to public health but Congress has used it to justify some public health related legislation
● drug labeling, environmental protection, child labor, min. wage and child labor laws
-Supreme court can invalidate Congress legislation that was formulated using the Clause as exceeding Congress’s power
dormant
the Clause can be used to bar state and local actions that could interfere with interstate commerce even when Congress has not acted
Congress relied on Clause to enact PPACA
● Lower court have conflicting opinions regarding Congress’s power to require individuals purchase health insurance
Other constitutional sources of congressional powers to promote public health:
power to tax and spend
US vs Lopez significance
1st time since 1930s Court invalidated federal law as exceeding Congress Commerce Clause Power
● Court said Congress can regulate activity using Commerce clause based on 3 areas (a) Use of the channels of interstate commerce (b) the instrumentalities of interstate commerce or persons or things in interstate commerce (c) those activities that substantially affect interstate commerce
● Court’s effort to define outer bounds of Clause and pull back from prior cases upholding broadest possible reading of congressional power
US v Lopez History
Law in question was the federal Gun-Free School Zones Act which made it a crime to possess firearm in school zone
● Senior HS student, Lopez, convicted of carrying gun into school
● Supreme Court decision (5-4) to overturn the Zone Act because possession of gun in school has nothing to do with interstate commerce or economic enterprise
● Court not persuaded by fed gov’t argument on linking firearm possession in school to interstate commerce via educational, economic, and social impact of school violence
Gonzales v. Raich: significance
Court said Congress has right to regulate local use of product because it can affect interstate commerce
Raich was growing and using marijuana for personal medicinal purposes under California’s Compassionate Use Act
● Court noted that under the federal Controlled Substances Act, Congress sought to regulate all aspects of the interstate market for controlled substances, including local activities (purely intrastate production and consumption of marijuana)
● Court upheld the Controlled Substances Act against Raich
Milk Co v City of Madison, WI
Example of dormant clause. Court ruled that city ordinance violated interstate commerce
Gonzales v Raich History
Raich was growing and using marijuana for personal medicinal purposes under California’s Compassionate Use Act
● Court noted that under the federal Controlled Substances Act, Congress sought to regulate all aspects of the interstate market for controlled substances, including local activities (purely intrastate production and consumption of marijuana)
● Court upheld the Controlled Substances Act against Raich
Overturning of 1994 law, Violence Against Women Act
the Act created a right for individuals victims of gender motivated violence to filed a federal civil action against their perpetrators.
● Passage of act by Congress was accompanied by lots of data linking gender based violence and interstate commerce
● Court overturned the act (5-4) because held that gender-motivated violence is fundamentally an intrastate, non-economic activity that lies beyond congressional reach.
20 States joined a lawsuit opposing Mercury and Air Toxic Standard rules citing regulations expense > health benefits.
● Supreme Court refused to take up the lawsuit
● White House and environmental groups said economically viable and impt public health measure
● Lower court ruling found that the regulations by EPA could remain in effect while the agency revised the way it had calculated the potential industry compliance costs.
● Coal burning power plants nation’s largest source of man made mercury (neurotoxin and toxin to fish)
