Legislative Branch Flashcards
commerce
all stages of business transactions and commercial activity
Art. 1 Sec. 8 (commerce clause)
the congress shall have power to regulate commerce with foreign nations, and among the several states and with the indian tribes
aggregation theory
if you take a single, localized incident in the aggregate, and that aggregation has a substantial affect on interstate commerce, congress may regulate that incident under the commerce clause. must be an economic activity.
3 things commerce clause allows congress to regulate
- channels of interstate commerce (highways, airspace, etc)
- instrumentalities of interstate commerce (trucks, planes, etc)
- activities that substantially affect interstate commerce
anti-commandeering doctrine
congress cannot pass laws telling states to pass laws and also cannot enlist state officials to advance federal objectives (violation of 10th amendment)