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Commerce Clause Flowchart
Commerce Clause Flowchart
Prof. Manheim
Spring, 2005
See flowchart on
Dorment Commerce
Clause
STATE laws
regulating
commerce
Note the
difference
Historic inquiry
Channels of IC
Is it commerce?
Is it "interstate"?
[foreign, tribal]
or local
Is the object/activity
"in" or does it "affect"
interstate comerce?
Is it being
regulated?
current
test
Substantial relation
to IC
but
ask
jurisdictional
element
economic
activity
not dispositive
US v. Morrison
NATIONALIST VISION
congressional
findings
Strictly construed
(Dual Federalism)
Competing Visions
of Federalism
Instrumentalities
of IC
STATIST VISION
Can't
tell
Gregory v.
Ashcroft
No, it regulates
private parties
Consider the
TENTH
AMENDMENT
Private parties
must comply
with the law