How Does Congress Regulate Interstae Commerce

This legislative would not be a valid exercise of congress’ power to regulate interstae commerce. With refrence to United States v. Lopez, there are three broad categories of activities that congress have the mandate to regulate with respect to its commerce power. Firstly, “congess may regulate the use of channels of interstate commerce. Secondly, congress is empowered to regulate and protect instrumentalities of interstate commerce, even though the threat may come from intrastate activities. Lastly,, congress’ commerce authority includes those activities that substantially affect interstate commerce” (United States v. Lopez, p.276). Similar to U.S v. Lopez, this is not an act to regulate the use of interstate commerce channels nor is it an …show more content…
Lopez, p.227). Rather, school shootings are a criminal statute that has no connection with commerce or any sort of economic enterprise. It lacks the jurisdictional element that would prove that the failure of at least 85% of teaching staffs certified and carryguns in schools affects or would affect interstate commerce. Furthermore, there are no findings relating to the substantial burden large number of school shootings has on interstate commerce. Additionally, people are not “subjects to commerce” (New York v. Miln 1837, p.227). Moreover, as stated in National Federation of Independent Business v. Sebelius, the commerce clause “authorises congress to regulate interstate commerce not to order individuals to engage in it” (National Federation of Independent Business v. Sebelius, p.283). At the same time, this legislation violates the constitution by threatening an already existing education funding. As pointed out in National Federation of Independent Business v. Sebelius, “congress does not have the authority to order states to regulate according to its