Commerce Clause

Question 1

When Commerce Clause is at Issue

Answer 1

When there is a statute passed by Congress and you need to determine whether Congress has constitutional power to enact the statute.

Question 2

Commerce (Definition) (Step One)

Answer 2

Discuss whether the actions involve the channels of interstate commerce, such as roads, rivers, and highways; or the instrumentalities of interestate commerce, such as trucks, boats, trains cars, telephone wires, and the internet; or finally, whether the regulated activities have a substantial economic effect on interstate commerce.

Question 3

When Activities Have a Substantial Economic Effect on Interstate Commerce (Step Two)

Answer 3

Define this by discussing whether the activity regulated by Congress is an economic one. The regulated activity may be local if it aggregates to an effect on interstate commerce, or interstate, so long as it, alone or in combination with other activities has this substantial economic effect on interstate commerce by being an economic activity.

Question 4

Commerce Clause Discussion 10th Amendment Issue

Answer 4

The 10th Amendment prohibits Congress from requiring the states to act in a certain way, or coercing states to act in a certain way by over-penalizing them for refusing to do so. Applies where the federal statute regulates state government activities through coercion or commandeering.