Commerce Clause Flowchart: Issue Spotting: Look for a Federal Law that grants Congress power in an otherwise State

governed area, Congress usurped their power. (I) = 1. The issue presented in the question (R) = 2. Article I, 8 cl. 3 outlines Congress regulatory powers (commerce clause). 3. Lopez outlined the 3 Categories, or limits, of Congress powers: a. Channels / Facilities (Roads, Highways, Rivers, TV/Radio.) b. Instrumentalities and things in interstate commerce (Phone, Plane, Car.) i. When regulating channels or instrumentalities of ISC, Congress need only have a rational basis. In other words, Congress only needs to find a rational basis for concluding that the activity directly or adversely affects ISC to regulate. c. Intrastate activities with Substantial Effect on Interstate Commerce i. See Lopez and Morrison 4. Lopez also discussed several factors that should be used to evaluate 3c: 1. Is it an economic activity? (ALWAYS NEED THIS) 2. Does the Fed law contain jurisdictional hook (an element in the statute that says: transport in or affecting interstate commerce? 3. Have Congressional findings established that activity has substantial effect on interstate commerce? 4. Is it part of larger regulatory scheme that Congress is engaged in? 5. The holding in Morrison expressed that the absence of a larger regulatory scheme, as well as the noneconomic nature of the interstate activity were determinative in striking down the statute. 1. Morrison also said: a. A jurisdictional hook was not enough by itself, when up against traditionally state regulated areas, AND b. Congressional findings were no longer strong enough to support a Congressional regulation as a sole factor. 6. Raich is the latest word in how the courts apply the factors to the third regulatory category, by showing deference to Congressional findings about substantial effects. The court said that the larger regulatory scheme [of economic regulation] was one of the more important factors and that Congress need only have a RATIONAL BASIS for justifying their interference with a states rights. 7. Congress cannot force State to regulate/enact specific legislation as per 10th Amendment but may give incentives (via spending power) or choice (to enact the law themselves of face federal preemption). 8. Article 1, Section 8, Clause 18 grants Congress the power to choose any means NOT prohibited by the Constitution to carry out its expressed authority (Necessary and Proper Clause backpack). (A) = 9. Your own analysis (try to give both sides of the argument). (C) = 10. Conclusion.