Commerce Power Clause National Regulate 2c2 Scope Legislative

Front 2C2. National Powers: Scope of the National Legislative Power: Commerce Power

Art 1, Sec 8, clause 3

Development of power over time:

a) at first, power only to the transportation of goods between states & on navigable waters

b) extended to regulate activities in the "current" of commerce

c) regulation permitted even if activity merely "affects" interstate commerce


Obamacare (Sibelius): Congress can't create commerce to regulate it; upheld under Tax Clause instead of Commerce Clause

Lopez: Gun Free School Zone Act (no guns within 200 yards of school), not justified by Commerce power

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