Commerce Clause

1. Commerce Clause Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta

2. Commerce Clause • The interpretation by the Supreme Court of the scope of the commerce clause has changed dramatically over the years • Early on, the interpretation was fairly broad • Gibbons v. Ogden (1824) • Congress, rather than New York, had the authority to regulate steamboats on the Hudson River

3. Commerce Clause • With the advent of the Industrial Revolution and Big Business, the interpretation narrowed considerably • Hammer v. Dagenhart (1918) • The Court refused to let Congress regulate with “social legislation,” e.g., child labor laws

4. Commerce Clause • New Deal legislation pushed by F.D.R. and passed by the Congress was struck down by the Supreme Court in several 5-4 decisions • Schechter Poultry (1935) • Congress lacked the power to regulate intrastate poultry processing activity • The “Court Packing” Incident • Why not have 13 Supreme Court justices?

5. Commerce Clause • Supreme Court finally permits Congress to regulate intrastate activity if it effects interstate commerce (in 5-4 decisions) • Jones of Laughlin Steel Corp. (1937) • Wickard v. Filburn (1942) • intrastate activity may have a cumulative effect on interstate commerce

6. Commerce Clause • Supreme Court upheld the constitutionality of the Civil Rights Act of 1964 on the basis of interstate activity • Heart of Atlanta Motel v. U.S. (1964) • motel catered to interstate travelers • Katzenbach v. McClung (1964) • restaurant served food that was part of interstate commerce

7. Commerce Clause • Supreme Court finally draws an outer boundary to interstate activity • U.S. v. Lopez (1995) • Gun-Free School Zone Act • U.S. v. Morrison (2000) • Violence Against Women Act • Health Care Bill?