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    The document summarizes the Commerce Clause of the U.S. Constitution, which gives Congress the power to regulate commerce among the states. It outlines the historical and modern inquiries used to determine whether a federal law properly regulates interstate commerce. Specifically, it examines whether the law regulates economic activity that substantially affects interstate commerce without violating state sovereignty protected by the 10th Amendment.

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    The document summarizes the Commerce Clause of the U.S. Constitution, which gives Congress the power to regulate commerce among the states. It outlines the historical and modern inquiries used to determine whether a federal law properly regulates interstate commerce. Specifically, it examines whether the law regulates economic activity that substantially affects interstate commerce without violating state sovereignty protected by the 10th Amendment.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    6K views1 page

    Constitutional Law Commerce Clause Flowchart4

    Uploaded by

    amberpenn
    The document summarizes the Commerce Clause of the U.S. Constitution, which gives Congress the power to regulate commerce among the states. It outlines the historical and modern inquiries used to determine whether a federal law properly regulates interstate commerce. Specifically, it examines whether the law regulates economic activity that substantially affects interstate commerce without violating state sovereignty protected by the 10th Amendment.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 1

    Constitutional Law I Prof.

    Manheim
    Spring, 2005

    THE COMMERCE CLAUSE


    The Congress shall have Power ... To regulate Commerce with foreign
    Nations, and among the several States, and with the Indian Tribes

    FEDERAL law pur- STATE laws See flowchart on


    Note the
    porting to regulate regulating Dorment Commerce
    difference
    interstate commerce commerce Clause

    Examine the object governed by the law Historic inquiry Modern inquiry (Lopez categories)

    Does the object being Channels of IC


    Is it commerce? regulated involve a
    "commercial activity"?
    current Instrumentalities
    test of IC
    Is it "interstate"? Is the object/activity
    [foreign, tribal] "in" or does it "affect" Substantial relation
    or local interstate comerce? to IC

    congressional jurisdictional economic


    Is it being Some cases suggested findings element activity

    regulated? prohibition was not not dispositive without one of these, S.Ct. will
    "regulation" decide sufficiency of nexus
    with interstate commerce

    Broadly Construed Strictly construed


    (Post New-Deal) (Dual Federalism) US v. Morrison

    The consequence of an affirmative answer to The consequence of a negative answer to these


    these questions is to enhance federal power at Competing Visions questions is to enhance state power at the
    the expense of the states of Federalism expense of the federal government
    NATIONALIST VISION STATIST VISION

    The law is (usually) Does the federal The law (usually)


    but Can't
    within Congress' law regulate the exceeds Congress'
    ask tell
    commerce power states themselves? commerce power
    Gregory v.
    Ashcroft
    No, it regulates Yes, states are
    private parties subject to the law

    The federal law is


    Consider the unconstitutional
    The federal law
    TENTH because it
    is constitutional invades the
    AMENDMENT
    reserved power
    Note the similarity of the states

    Private parties State law may be Only the states can


    must comply PREEMPTED regulate this subject
    with the law
    If there is also a state law on the subject

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