The Commerce Clause

Question 1

The Commerce Clause

Commerce Clause

Answer 1

Congress may regulate CHANNELS, INSTRUMENTALITIES, or ECONOMIC activities that have a SUBSTANTIAL effect on interstate commerce

• This is a BROAD power.

Question 2

The Commerce Clause

Commerce Clause: Economic Activities

Answer 2

Congress may regulate commercial or economic activities if there is a rational basis to conclude that the activity, in aggregate, substantially affects interstate commerce

Question 3

The Commerce Clause

Commerce Clause: Non-economic Activities

Answer 3

Congress may only regulate non-economic activity if it has a DIRECT, SUBSTANTIAL ECONOMIC effect on interstate commerce

• This is a tougher burden to satisfy.