CON LAW FEDERAL COMMERCE POWER

1. State Sovereignty

1.1. Congress cannot use the Commerce Power to force states to regulate

1.1.1. can regulate matters that affect states

1.1.2. can encourage states to regulate via spending power

2. Congressional Power

2.1. absent a countervailing positive Constitutional limitation, Congress has plenary power to regulate commerce

2.1.1. no need for an economic motive, only potential effect on economic interests

3. Foreign Commerce

3.1. Plenary Power resides with Congress

4. Interstate Commerce

4.1. Historical pre 1937 cases

5. Scope

5.1. economic effects of all commercial activity

6. Affecting Commerce Standard

6.1. Congress can regulate intrastate activities that have an economic effect on interstate commerce

7. Use to Accomplish Ends Not Closely Related to Commerce

7.1. criminal penalties

7.2. racial discrimination