Commerce Clause

Lottery Tickets Case

The lottery tickets were subject to traffic so they are in commerce

Broad reading of the commerce clause

Stream of Commerce Test: "some local activities can be regulated by congress because they viewed themselves 'in commerce' or an integral part of 'current commerce'"

This was a monopoly of sales in a direct attempt by the meat trust to higher prices.

Substantial Economics Effect Test

Congress cannot possess the authority to regulate the interstate commerce although it may be necessary to control intrastate transition of interstate carriers.

Child Labor case where competition was arising due to the low wages some manufacturers were able to pay children

The court decided this was a local issue because once the goods were shipped, they were harmless.

Again, congress cannot regulate the manufacturing of goods.

This case was the first major test of the new deal.

The power of Congress to regulate interstate commerce at the expense of the carriers cannot be extended to regulations related merely to the social welfare of the worker upon the theory that, by engendering contentment and a sense of personal security, they will induce more efficient service.

The court held that controlling wages of employees engaged in production is too far of a reach

Stream of commerce test- these chickens don't effect intrastate commerce

Deemed only a local activity

A case regarding the regulation of maximum hours/ minimum wages.

Court held that production is only a local activity.

Broad reading of the commerce clause.

The first case where to court ruled differently.

Congress can regulate interstate commerce due to its flow of interstate commerce.

Direct and Indirect distinction used.

"Ability of employees to engage in collective bargaining is an essential condition of industrial peace"

This decision allowed congress to regulate interstate commerce through the "substantial effects test"

Congress outlawed substandard work conditions in this case.

This case overturns Hamer v. Dagenhartt

Case regarding an attempt to stabilize wheat prices.

Aggregation Principle: "if all farmers grew an extra 16 bushels, there would be a substantial economic effect"

The limit on congressional commerce powers is the rational basis test for the activity.

Case regarding a hotel's discrimination of African Americans on interstate commerce.

Using the rational basis test, the court held that the hotel was effecting commerce and congress could regulate.

Discrimination case for a bbq restaurant in Alabama.

Using the rational basis test: "Racial discrimination in restaurants has a direct and adverse effect on the flow of interstate commerce"

Invalidation of federal regulation of gun control on school grounds by holding that it falls outside of congress' powers.

Non economic activity cannot have the aggregation principle applied

Limit of substantial effect test is the rational basis.

Virginia Tech sexual assault.

Violence is not an economic activity

14th amendment only allows regulation of discriminatory activity by state officials and not private actors

Attenuation Test: Is the link between {regulated activity} and substantial effect on interstate commerce {is/isn't} attenuated.

the Court held that the commerce clause gave Congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary. Stevens argued that the Court's precedent "firmly established" Congress' commerce clause power to regulate purely local activities that are part of a "class of activities" with a substantial effect on interstate commerce.

Very important distinction of facial and as applied challenges. This is an as applied case.

Facial: Challenge to statute which plaintiff alleges that he legislation is always unconstitutional

As Applied: Challenge which alleges that particular application of a statute.

This case is distinguishable from lopez because all parts of this case is economical.

Affordable care act case that held that congress cannot force people to participate in commercial activity.

Individual mandate held to be not a use of congressional power but a tax.