CONSTITUTIONAL LAW
W.B. Fisch, Fall 2006
Assignment #10

[Ch. 4 THE SCOPE OF NATIONAL POWER

[3. The Scope of National Power Today

[A. The Commerce Power]

U.S. V. MORRISON, p. 178 (2000).

· What is the activity being regulated by the statute in question?

· Does Congress have the power to regulate it as “commerce among the ... states”?

o is it “commerce”?

§ How does the Court define that term?

§ How does this case differ from Lopez, discussed in the principal opinion?

o is it “among the several states”?

o does it matter that Congress finds the activity to “substantially affect [IC]”?

· does Congress have the power to regulate it under the 14th Amendment?

o is it regulating the acts of state or local governments?

o is it motivated by a failure of state or local governments to accord persons due process or the equal protection of the laws?

GONZALES V. RAICH, Supp. p. 3 (2005)

· What is the activity to which the statute in question is being applied?

· is it “commerce”?

o Are the two respondents’ activities distinguishable in this respect?

o how does this activity differ from that in Morrison?

· Is it “among the several states”?

· Does it have a “substantial effect” on IC? Is this case distinguishable from Wickard v. Filburn, described in the opinions?

· Consider the breakdown of the Justices in this case – does it reflect predictable differences of opinion between “liberals” and “conservatives”?