Apedia

Commerce Power Clause National Regulate 2c2 Scope Legislative

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

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

Limit?

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

Learn with these flashcards. Click next, previous, or up to navigate to more flashcards for this subject.

Next card: National power tax taxing general 16th w/o states

Previous card: Regulate national powers enumerated laws establish punish militia

Up to card list: Barbri Constitutional Law