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    Commerce Clause Flowchart

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    killerokapi
    The document discusses various Commerce Clause tests and standards of review for determining Congress's authority to regulate interstate commerce including whether the activity is a channel of commerce, an instrumentality of commerce, intrastate economic activity that substantially affects interstate commerce, the Shreveport Rate case, and whether the regulation is rational. It questions if there is a jurisdictional hook and concludes the Court has broad discretion in this area.

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    Commerce Clause Flowchart

    Uploaded by

    killerokapi
    503 views1 page
    The document discusses various Commerce Clause tests and standards of review for determining Congress's authority to regulate interstate commerce including whether the activity is a channel of commerce, an instrumentality of commerce, intrastate economic activity that substantially affects interstate commerce, the Shreveport Rate case, and whether the regulation is rational. It questions if there is a jurisdictional hook and concludes the Court has broad discretion in this area.

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    The document discusses various Commerce Clause tests and standards of review for determining Congress's authority to regulate interstate commerce including whether the activity is a channel of commerce, an instrumentality of commerce, intrastate economic activity that substantially affects interstate commerce, the Shreveport Rate case, and whether the regulation is rational. It questions if there is a jurisdictional hook and concludes the Court has broad discretion in this area.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    503 views1 page

    Commerce Clause Flowchart

    Uploaded by

    killerokapi
    The document discusses various Commerce Clause tests and standards of review for determining Congress's authority to regulate interstate commerce including whether the activity is a channel of commerce, an instrumentality of commerce, intrastate economic activity that substantially affects interstate commerce, the Shreveport Rate case, and whether the regulation is rational. It questions if there is a jurisdictional hook and concludes the Court has broad discretion in this area.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
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    Commerce Clause Is it channel?

    Yes
    Heart of Atlanta Motel Darby

    No
    Is it instrumentalities of persons or things? No Intrastate Commerce? Yes

    Constitutional Yes
    Shreveport Rate

    No

    Then why are we doing this?

    Is there a jx. hook?


    No Is it commercial or economic? No In aggregate? No Independent Review!!

    Yes Rationality Review Yes

    Yes Ct does whatever it wants Name something outside Congress Power

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