Federal Power --> COMMERCE CLAUSE- Flashcards
What is the Commerce Clause?
The power vested to congress to regulate interstate commerce,
intrastate commerce, commerce with foreign nations, and
commerce with the Indian tribes. This broad source of power encompasses many activities.
1 . Channels of interstate commerce (e.g., roads, rivers, etc.);
2 . Instrumentalities of interstate commerce (e.g., trucks,
boats, wires, internet, etc.);
3 . Persons and things moving in interstate commerce; and
4 . Activities that substantially affect interstate commerce
What test must be used when analyzing the Activities that substantially affect interstate commerce?
Whether Congress could have rationally concluded that the regulated activity has a substantial economic effect on interstate commerce
What is the Aggregate Rule & how is connected to the Commerce Clause?
If the govt. is regulating an economic activity, they are allowed to use the aggregate rule. The aggregate rule allows the court to look at the activity in the aggregate (as a whole) to determine if it has a substantial effect on interstate commerce. If the govt. is regulating a non-economic activity, then the govt. must prove there is a direct and substantial effect on interstate commerce without using the aggregate rule.
▪Economic activity ex: Congress regulating marijuana growing for personal/localuse.
Note: Look out for Challenger’s counter argument that he personally is not affecting IC and the law is unconstitutional as applied to him. This is triggered when Challenger has facts to prove that his activity does not have an effect on interstate commerce because he is only engaged in intrastate activity. If the govt is regulating an economic activity, this will be a losing argument by Challenger. The aggregate rule allows the govt. to show that the cumulative impact of all the people engaged in said activity, will have a substantial impact on interstate commerce.
▪Non-economic activity ex: Congress regulating possession of guns in a school zone.
Note: Govt. usually loses when trying to regulate non-economicactivity. Note:
Non-economic activities are rarely tested on the bar.
