If the underlying activity Congress attempts to regulate is not economic in nature,authority for such regulation is not part of the Commerce Clause.

Question

Quizplus · Accepted Answer

This is consistent with the Supreme Court's decision in United States v. Morrison (2000), where it held that the Commerce Clause could not serve as a basis for federal legislation providing a civil remedy for victims of gender-motivated violence, because the violence did not have a substantial effect on interstate commerce. The Court reasoned that the Commerce Clause could only regulate economic activity or the channels and instrumentalities of interstate commerce, and that purely local activities that did not substantially affect interstate commerce were beyond the scope of federal power.

If the Underlying Activity Congress Attempts to Regulate Is Not