Commerce Clause

Front 1

Art.1 §8

Back 1

Congress shall have the power to regulate Commerce with foreign Nations and among the several states and with the Indian tribes

Front 2

Dormant Commerce Clause (Negative Commerce Clause)

Back 2

Congress has power over interstate commerce, states cannot discriminate against interstate commerce nor can they unduly burden interstate commerce, even in the absence of federal legislation regulating the activity.

Front 3

Gibbons v Ogden decision in larger context

Back 3

Congress has the power to regulate interstate commerce.

The means of interstate commerce,

through interstate highways, navigation on rivers. All steps in chain of commercialization process.

Front 4

Current rule of necessary and proper clause in regards to commerce

Back 4

under necessary and proper clause, Congress can regulate local activities if it can rationally conclude activity has substantial effect on interstate commerce. Courts generally defer to congressional judgment.

Front 5

Chief Justice Marshall's reasoning for descion in Mccoulgh v Maryland

Back 5

Congress acts under explicit and implied powers. Explicit power to tax, borrow, and spend implies implicit power to create a US bank "Necessary and Proper" gives Congress right to do what is needed to carry out explicit powers.

Front 6

McCulloch v Md. established what principal

Back 6

The supremacy of federal law over state law

Front 7

What does congress consider in assessing whether an activity has a substantial effect on interstate commerce

Back 7

a.Congress may consider cumulative or aggregate impact of all regulated activities.

b. Congress can regulate purely intrastate activity that is not itself commercial, in that it is not produced for sale, if it concludes failure to regulate class of activity would undercut regulation of interstate market in that commodity.

Front 8

What case is famous for "the power to tax involves the power to destroy"

Back 8

Mccoulch vs Maryland