Historical Commerce Clause/ Contempirary Commerce Clause

Question 1

1890’s- 1937

Answer 1

1.“Purely Intrastate Transaction” Court relied on these factors

-Manufacturing: where make something, (purely intrastrate)
Ex:Coal mines, cars etc

Commerce - the $ made by transportation

2. Indirect effect v. Direct Effect on Commerce
   a. Indirect- cant regulate by this
   b. Direct- can regulate by commerce clause
3. Local in Nature v. National in Nature
   a. Local in Nature-cannot regulate
   b. National in Nature- can regulate
4. Narrow: can regulate commerce, direct effect on commerce, national in nature but
   - couldn’t regulate manufacture, indirect effect, local in nature.

Question 2

1937-1995 (Overturning earlier cases)

Answer 2

1.Aggregation Principle: “everybody did it rule”

-Congress can regulate intrastate if “everybody did it” then b/c would severely affect the interstate commerce
(Wickard v. Fullburn)

-Deference: Courts towards Congress, “If Congress says, it has an effect then it does, not our authority to define their authority.”