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Free Law School Outline - con law 2000 Commerce Clause

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					Commerce Clause (Article 1 § 8)
Is there Federal (Congressional) Action?
There is no Commerce Clause Issue if there is no Congressional Action

No

Yes

Is there any rational basis for Congress to construe this as a regulation of the channels of interstate commerce?

Yes

No

Congress does have the POWER to regulate these things…

Is there any rational basis for Congress to construe this as a regulation of an instrumentality of interstate commerce?

Yes

No

BUT Remember: US v. Lopez (1995)
struck down under Congress’s power under the Commerce Clause. Activities must be commercial or have an obvious connection to commerce.

Is there a substantial relationship between the thing that is being regulated and interstate commerce?

Yes

No

Congress still can not COMANDEER Congress can not violate DUE PROCESS Congress can not violate EQUAL PROTECTION


				
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