*National Commerce Power

Question 1

1. Constitution:

Answer 1

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

Question 2

2. Summary of current law-

3 Relevant determining factors:

Answer 2

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)

Question 3

Aggregation principle:

Answer 3

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

Question 4

Motives:

Answer 4

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

Question 5

Put Lopez and Morrison together:

Answer 5

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.