Regulation of interstate commerce

Regulation of interstate commerce

CLEP American Government, Chapter 10

Regulation of interstate commerce

The Commerce Clause authorizes regulation of interstate and foreign commerce and some activities substantially connected to it. Modern doctrine is broad but not unlimited, as cases such as Lopez demonstrate.

Congress may regulate interstate channels, instrumentalities and persons or things in commerce, and economic activity with a substantial relation to interstate commerce. The aggregation principle can reach local economic conduct whose class has a substantial interstate effect.

Limits matter. In United States v. Lopez, the Court rejected a federal gun-possession law whose regulated activity was neither economic nor adequately connected to commerce. The decision did not return commerce doctrine to a narrow border-crossing rule; it required a judicially enforceable connection to an enumerated power.

Identify the regulated conduct, not merely the policy's national importance. A commercial transaction, transportation network, or economic production rule presents a stronger commerce link than an ordinary local crime. Valid commerce legislation can preempt state law, but congressional purpose cannot cure a missing constitutional basis.

Video lesson: Congressional Decisions: Crash Course Government and Politics #10

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