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