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FrontPage : Why is the commerce power a significant power of Congress

FrontPage : Why is the commerce power a significant power of Congress. The Last Word: OL 6.2 due Friday. Testing the Commerce Clause. Chapter 6, Section 1 Part 2. Consider the “commerce clause” found in Article 1, Section 8 of the Constitution…. The US Congress shall have the power…

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FrontPage : Why is the commerce power a significant power of Congress

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  1. FrontPage: Why is the commerce power a significant power of Congress The Last Word: OL 6.2 due Friday

  2. Testing the Commerce Clause Chapter 6, Section 1 Part 2

  3. Consider the “commerce clause” found in Article 1, Section 8 of the Constitution… The US Congress shall have the power… • To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; • Define interstate commerce. • Give an example of what you think might be “interstate commerce”. • Is this power limited at all?

  4. Testing the Interstate Commerce clause • When trying to determine if Congress has the right to regulate a certain economic (commercial) activity, you can ask the following questions: • Is the activity literally one involving trade/business across state lines? • Would the activity “substantially affect” interstate commerce?

  5. UndertheCommerceclause, can Congress: • …determine who a private, small business may or may not serve, or how much it pays its employees? _________ • Reason for your answer: • …determine which words can/cannot be said on radio/television? _________ • Reason for your answer:   • …establish rules for air and water pollution, and penalize companies that only operate within a single state? _________ • Reason for your answer:

  6. UndertheCommerceclause, can Congress: This idea was tested in the 1995 case of US vs. Lopez. Prohibit the carrying of a firearm on school property?

  7. US vs. Lopez Facts of the Case • Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. • The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal law, the Gun-Free School Zones Act of 1990. • The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release. He challenged his conviction, claiming that the Gun-Free School Zones Act was unconstitutional. Question for the Court: Does the regulation of interstate commerce (commerce clause) apply to the action of carrying of a weapon on school grounds?

  8. US vs. Lopez Yes, the Gun-Free School Zones Act is unconstitutional. • The Court ruled that the possession of a gun in a local school zone is not an economic activity that might have a substantial effect on interstate commerce. Thus, the law has nothing to do with "commerce" or any sort of economic activity, and Congress has exceeded its powers.

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