Chapter 4

THE FEDERAL COMMERCE POWER

This Chapter examines Congress' power to "regulate commerce … among the several states." This is the "commerce power." The most important concepts in this Chapter are:

•     Test for commerce power: A particular congressional act comes within Congress' commerce power if both of the following are true:
  •     Substantially affects commerce: The activity being regulated substantially affects commerce; and
  •     Reasonable means: The means chosen by Congress is "reasonably related" to Congress' objective in regulating.

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