
1. the federal government has exclusive power to regulate
interstate commerce (1.8.3)
2. “commerce” encompasses almost everything (expansive definition)
a. buying/selling goods
b. commercial intercourse (unless confined to one state)
3. “interstate” = everything but that which is confined to one state
Gibbons
a. anything that crosses state lines
b. everything except completely internal commerce
c. navigable waters Daniel Ball [note: Brazos River that law
school on = navigable]
d. if final destination is in stream of interstate commerce => all
trips are interstate as to that item
e. rule: first leg & last leg of many-legged trip are not
interstate (Josh airport ex)
4. substantial impact on interstate commerce (NLRB v. Jones Laughlin
Steel)
a. if something has a substantial impact on interstate commerce
b. Congress can regulate it
c. with commerce power + N&P power (Southern RR)
5. cumulative effect:
a. if something has a cumulative effect that will substantially
affect commerce => Congress can regulate it
b. ex) farmer growing extra wheat for prsnl. consumption Wickard v.
Filburn
6. police power?
a. Congress does not have police power, but Congress can use
commerce powers to do policing
b. we don’t look to Congress’ motive (Caminetti and Mann Act re:
prositute transport)
c. why? b/c Congress has plenary (absolute) power to regulate IS
commerce.
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