PSC 4361 Lecture Notes - Lecture 20: John Paul Stevens, School Zone, Southern Pacific Transportation Company

• School: Baylor University
• Department: Political Science
• Course: PSC 4361
• Professor: Rebecca Flavin

Document Summary

Review: wickard v. filburn (1942: a series of local activities taken together can have a substantial impact on interstate commerce even if the activities individually do not, and thus congress may in such a scenario regulate the commerce. Interestingly, jackson does not write this opinion as if the situation is an exception: the way the court reaches its decision leaves states with little room to maneuver. Overview: congress is invited to regulate commerce when it involves, (1) channels of interstate commerce, (2) instrumentalities of interstate commerce (e. g. persons, (3) activities that substantially affect interstate commerce. Commerce clause basically sets up a precedent that it would be difficult to perceive any area that is left up to the states and that congress cannot regulate: no conceivable limit to congress"s power. Necessary and proper because the individual mandate is not an essential component of the insurance reforms: how does roberts" definition of necessary compare to marshall"s definition in.