Commerce Power

Question 1

What is the commerce power?

Answer 1

Under the Commerce clause, Congress has the power to regulate all foreign and interstate commerce.

Question 2

What three specific things can congress regulate under the commerce clause?

Answer 2

1) Channels of interstate commerce (roads, water, air)
2) Instrumentalities and persons and things in interstate commerce
3) Activities that have a substantial effect on interstate commerce.

Question 3

Can congress regulate intrastate activity?

Answer 3

Yes!

If the law is of an economic or commercial activity (growing weed, or wheat for example) and

There is a rational basis on which congress could conclude that the activity in the aggregate affects interstate commerce.