Commerce Clause

Question 1

What is commerce?

Answer 1

Any trade with foreign countries or trade in states

Question 2

What are the two types of commerce?

Answer 2

-Intrastate
-interstate

Question 3

What is interstate commerce?

Answer 3

Trade between more than one state

Question 4

What is intrastate commerce?

Answer 4

Trade inside a state’s borders
(It never leaves one state)

Question 5

What is the commerce clause?

Answer 5

The federal government can control anything if it effects interstate commerce on a “rational bases”

Question 6

What was Wickard vs Filburn (1942)?

Answer 6

-Filburn was farming an extra acre entirely for his family. His family was the only one working on it.
-However there was a limit on how much you can grow (because war), and he exceeded it.
-Because he wasn’t buying things, he was interfering with the commerce clause. He took money away from trade.

Question 7

What was United States vs Lopez (1995)

Answer 7

-Lopez brought a gun and ammo to school to sell
-charged with FEDERAL “gun free (school) zone act” violation
-Supreme Court ruled federal gun free zone act was unconstitutional. Made a revised version

Question 8

What was Gonzales vs Raich (2005)?

Answer 8

-Raich grew medical marijuana in his house (for personal use)
-Feds entered his house and destroyed six plants
-Court upheld feds and said Raich was in violation of commerce clause because he wasn’t buying it