Federal legislative powers Flashcards
Commerce power: Congress may regulate (3 things)
1) channels of interstate commerce (routes that commerce travels thru: highways, airwaves)
2) persons and instrumentalities in interstate commerce (cars, radio and tv stations)
3) activities that have a substantial effect on interstate commerce (labor strikes in multistate industries)
Commerce power: Congress CAN’T compel persons to..
engage unwillingly in interstate commercial activity
Commerce power: Local (not interstate) activity: determine whether it is commonly understood as…
economic or commercial in character
Commerce power: if local (not interstate) activity is commonly understood as economic or commercial in nature, regulation is likely constitutional given…
cumulative effect analysis (cum effect of all such economic activities as a class have substantial effect)