*National Commerce Power Flashcards

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1
Q
  1. Constitution:
A

Article I, § 8, Clause 3: US Congress has power to regulate commerce with foreign nations, and among the several states, and with Indian Tribes

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2
Q
  1. Summary of current law-

3 Relevant determining factors:

A

i) (1) Crossing state lines: power at its max when regulating anything that crosses state lines.

ii) (2) Reach intrastate transaction that have a substantial effect on interstate commerce(Jones
& Laughlin / Darby)

iii) (3) Congress has greater power over so called instrumentalities of interstate commerce
(Heart of Atlanta)

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3
Q

Aggregation principle:

A

Can take all activities into account to reach interstate commerce. (Wickard)

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4
Q

Motives:

A

Congress can regulate under the Commerce Clause for reason that are not business, commercial or economic. However, if Congress is using moral, social, or cultural reasons Congress has a higher burden to justify its actions.

i) Suggestion commercial motive not required: Champion, Katzenback, Darby, Comstock
ii) Lack of commercial motivation a mark against federal power: Lopez, Morrison

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5
Q

Put Lopez and Morrison together:

A

Where the primary concern seems to be non-economic, there is no jurisdictional element, there are no strong findings and the connection is too attenuated, there are limits.

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