Commerce Power

Question 1

What is the constitutional source of commerce power?

Answer 1

Article 1, Section 8, Clause 3

Question 2

Commerce with:
1)
2)
3)

Answer 2

1) Foreign Nations
2) Among the several states
3) With Indian Tribes

Question 3

Interstate Commerce includes three theories:

Answer 3

1) Instrumentalities - (how) trains, planes, automobiles
2) Channels - going across state lines
3) Substantial Effects (default)

Question 4

Gibbons v. Ogden

Answer 4

Steamboats

1) commerce includes all aspects of commercial intercourse
2) Among the states, not between
4) Limitations:
a) Supremacy Clause
b) Doesn’t apply when completely within a state

Question 5

NLRB v. Jones & Laughlin Steel Corp.

Answer 5

Substantial Effects

Congress may regulate when

1) there is a close and substantial relationship and
2) protects commerce from burdens and obstructions

Question 6

Wickard v. Filburn

Answer 6

Wheat - Substantial Effects

1) Aggregate Effect (even if local)
2) Part of an overall market and class Congress has authority to regulate

Question 7

Lopez

Answer 7

Gun in School Zone

1) Reaffirms three theories of regulating commerce
2) Must be economic activity and then show there’s a substantial effect

Congress needed to say how it affected interstate commerce (jx)

Question 8

Gonzales v. Raich

Answer 8

Marijuana

1) Economic activity + Aggregate effects
2) Comprehensive plan looks at whole market (related economic and non-economic)
3) Fungible

Question 9

Sebelius (Commerce Clause)

Answer 9

Can’t regulate non-activity