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Congressional Powers And Federalism Commerce Outline

Law Outlines > Constitutional Law: Fourteenth Amendment, Separation of Powers Outlines

This is an extract of our Congressional Powers And Federalism Commerce document, which we sell as part of our Constitutional Law: Fourteenth Amendment, Separation of Powers Outlines collection written by the top tier of Harvard Law School students.

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Congressional Powers and Federalism: Commerce Interstate Commerce
?????Gibbons
?????Champion v. Ames
?????Shreveport Rate
?????Wickard

Not Interstate Commerce
?????EC Knight
? Hammer (Overruled by Darby)

Early: Gibbons (First) -> Hammer (Narrow) -> Wickard (expansive) Late 19th Century until 1937: Narrow CC. 1937 - 1995: Rubber Stamp of Congress 1995 - 2000: Lopez and Morrison: Guns and VAWA invalidated. 2012: NFIB Early Commerce Clause Cases: What Happened from EC Knight -> Wickard?
? PROF: Consider but reject David Strauss' common law method of constitutional interpretation.
? Different tests applied: o Direct/Indirect o Production v. Commerce o When Interstate Commerce Stars/Ends (Schecter)
? Tests eroded over time (Shreveport Rate: Glimpse of world to come). Gibbons v. Ogden (1824)
? Last of CJ Marshall's important decisions.
? Steamboat monopoly between NY and NJ.
? NY law invalidated under Commerce Clause, because Congress has power to regulate interstate commerce. US v. EC Knight (1895)
? Sugar Monopoly - Sherman Antitrust Act not apply to CC
? Manufacturing sugar not commerce.
? Harlan Dissent: Look at effects; broader conception of commerce. Champion v. Ames (1903)
? Shipping international lottery tickets across state lines CAN be regulated by CC.
? (Goods are dangerous, not the method of their manufacture) Shreveport Rate Cases (1914)
? Regulating rates of transportation internal to Texas not a violation of Commerce Clause - intertwined!
? How to reconcile with EC Knight and Hammer?
o Still regulating commerce, not production. o Industries: Cotton or Sugar manufacturing local; Railroad transportation feels more like interstate commerce

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