U.S. v. Lopez

  • This is the first time that SCOTUS invalidated Congressional action under the Commerce Clause.
  • Three areas that Congress may regulate:
    1. Use of channels of ISC
    2. Instrumentalities of ISC—persons or things in ISC
    3. Activities having a substantial relation to ISC or a substantial effect on ISC.
      1. Here: the relation must be substantial
  • Takeaways:
    • Instrastate actiivties that don't involve the movement of money are less likely to be deemed to substantiall affect ISC
    • Statutes often include a jurisdictional hook to bring them within the Commerce Clause's power.
    • E.g., "It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affect interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is school zone."