CONSTITUTIONAL LAW Flashcards

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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.

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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.

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