Q: What is the substantial effect state.
1. Congress doesn’t have to say what effect on interstate
commerce is, but helps.
2. scrutiny: Congress must have had a rational basis for concluding
that the activity has a subst. effect on interstate commerce
3. US v. Morrison (overturned VAWA)
a. facts: Congress passed VAWA (violence against women act)
b. held: unC’al Act b/c outside Congress’ powers
c. fails Lopez tests:
i) not an economic activity (nothing commercial)
ii) no causal connection btwn conduct (violence) & interstate
commerce
iii) no jurisdictional hook (e.g. if P/D traveling in interstate
commerce and…).
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