BUSAD 120 Lecture Notes - Lecture 11: Commerce Clause, Handgun, National Labor Relations Board
Document Summary
Effect: must involve one of the three areas of interstate commerce and must have a cumulative substantial affect on interstate commerce. Regulate and protect the instrumentalities of interstate, persons, things. Regulate those activities having a substantial affect on interstate commerce. Held that federal government could not require chief law enforcement officer of a jurisdiction to do background checks on hand gun purchasers. Effect: held that congress could not regulate non-economic, criminal conduct based off aggregate affect on interstate commerce. Gibbons v. ogden - effect: marshall case that state difference between interstate and intrastate commerce. U. s v. morrison - held that congress could not regulate non-economic, criminal conduct based off aggregate affect on interstate commerce. Nlrb v. steel co - restated gibbons position of interstate commerce. Congress could regulate labor relations at any manufacturing plant where a work strike would have a serious effect upon interstate commerce. Supreme court deferred congress to determine if there is a substantial economic interest present.
