Following Lopez and Morrison, what is the general effect of the Commerce Clause?

Following Lopez and Morrison, what is the general effect of the Commerce Clause?

• A. The Commerce Clause permits regulation of channels and activities with substantial effects on interstate commerce; the reach to non-economic activities is more restricted.
• B. It allows regulation of all intrastate activities that affect interstate commerce.
• C. It prohibits regulation of any non-economic activity.
• D. It only allows regulation of interstate trade by states.

Answer: (A)

The general effect is that Congress may regulate channels of interstate commerce, the instrumentalities used in commerce, and activities that substantially affect interstate commerce, but its power to regulate purely local, non-economic intrastate activities is tightly limited. Lopez and Morrison show that Congress cannot reach non-economic activities unless a substantial connection to interstate commerce is shown, while regulation of channels (like highways or air routes) and instrumentalities (things used in moving goods and people) remains within federal power, as does regulation of activities with a substantial effect on interstate commerce when those activities have an economic character. So the best answer captures both the allowance for regulation of channels and substantial-effects activity, and the restricted reach for non-economic intrastate activity.

The general effect is that Congress may regulate channels of interstate commerce, the instrumentalities used in commerce, and activities that substantially affect interstate commerce, but its power to regulate purely local, non-economic intrastate activities is tightly limited. Lopez and Morrison show that Congress cannot reach non-economic activities unless a substantial connection to interstate commerce is shown, while regulation of channels (like highways or air routes) and instrumentalities (things used in moving goods and people) remains within federal power, as does regulation of activities with a substantial effect on interstate commerce when those activities have an economic character. So the best answer captures both the allowance for regulation of channels and substantial-effects activity, and the restricted reach for non-economic intrastate activity.