CONSTITUTIONAL LAW Flashcards
1
Q
Intrastate Activities (ie. Renting)
A
SCOTUS has held that even purely intrastate commercial activities (such as rentals within a state) may be regulated under the commerce power, if such intrastate acts, taken in the aggregate, have a substantial effect on interstate commerce. Wickard v. Filburn.
2
Q
14th Amendment and Purely Private Conduct
A
The 14th Amendment applies to state action, not purely private action. Courts have held that Congress could not use section 5 Enforcement Powers to regulate gender-motivated violence…thus same goes to 14th Amendment.