Commerce Power

Commerce Power

The power to regulate; prescribe the rule by which commerce is to be governed. It is a complete and vested power of Congress and no limitation other than what are prescribed in the Constitution.

Commerce Power - Aggregation Rule

[ 1] Where a consumer wants to "make or grow his own product" and the product has a somewhat commercial nature, Congress can regulate or prohibit his activities, even though the consumer is acting in an entirely intrastate manner, and it is only the adding together of many such purely intrastate activities that produces a cumulative effect on interstate commerce.

Commerce Power - Economic activity Limitations (Lopez)

[ 2] Congress cannot use the commerce power to "regulate for the general federal welfare." By trying, to regulate activities that are not commercial or substantially related to economic activity.

Commerce Power - Lopez / Morrison Factors to determine if commerce power is applicable

(1) Must Economic or Commercial. (2) Jurisdictional "nexus" or "hook" (3) Findings to support law (4) Effect regulated (attempted) act is have on commerce must be "significant"

Commerce Power gives Congress the power to regulate

(1) the channels of interstate commerce; (2) the instrumentalities of, or persons or things in, interstate commerce; and (3) activities that substantially affect or substantially relate to interstate commerce.

Commerce Power - United States v. Morrison - Economic activity requirement

Congress does not have the authority under the Commerce Clause to regulate violence against women because it is not an economic activity.

Commerce Power - No Forced Market Participation / Must already be an activity

Congress may not use its Commerce power to force individuals to participate in marketplace they are nor currently participating in.