Congressional Commerce Power

Commerce Clause: Congresses Plenary Power to Regulate Commerce Between the States.

Enumerated Powers of Congress Article 2 United States Constitution Enumerated Powers of Congress Article 2 United States Constitution. the power to tax and spend commerce power, commerce, tax, and spending power. power over federal lands and district of columbia, war and defense powers, power to enforce the14th, 13th, and fifteenth amendments. United States Constitution Enumerated Powers of Congress Article 2 United States Constitution. the power to tax and spend commerce power, commerce, tax, and spending power. power over federal lands and district of columbia, war and defense powers, power to enforce the14th, 13th, and fifteenth amendments. United States Constitution Enumerated Powers of Congress Article 2 United States Constitution. the power to tax and spend commerce power, commerce, tax, and spending power. power over federal lands and district of columbia, war and defense powers, power to enforce the14th, 13th, and fifteenth amendments.

 

Commerce Power: Congress has plenary (absolute) power to regulate commerce between the states.

 

Dormant Commerce Clause: Where Congress has not otherwise regulated, the states are free to regulate interstate commerce. However, the regulation must be non discrimitory (not favor or protect local interests) and not unduly burdensome. Courts tend to balance the interests of the burden on interstate commerce such that no less restrictive alternatives means are available. Market Participant Doctrine Market Participant Doctrine Market Participant Doctrine Market Participant Doctrine Market Participant Doctrine Market Participant Doctrine.

 

Substantial Effects Test Lopez

 

Return to indirect/direct

Cummlative effects/national police powers/politicalcheck

 

Is there a rational basis for finding a substantial effect on

 

(1) the channels of interstate commerce,

(2) instrumentalities of interstate commerce,

(3) substantial effects on interstate commerce.

 

Original intent

Necessary and Proper/10th Amendment

National Police Power?/Commerce Prohibitive

Plenary Power

close and substantial relationship (nexus)

 

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• Powers of Congress
• Commerce Power
• Powers of President
• Powers of Court
• Federalism
• 1st Amendment Law
• Equal Protection
• Due Process of Law
• Privileges & Immunities
• 5th Amendment Takings
• 4th Amendment
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