How this document has been cited
Finally, Congress' commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, ie, those activities that substantially affect interstate commerce.
- in US v. Alderman, 2009 and 551 similar citations
Congress has power to regulate "three broad categories of activity" under the Commerce Clause:(1) "the use of the channels of interstate commerce;" (2) "the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities;" and (3) "activities that substantially affect interstate commerce."
- in US v. Waybright, 2008 and 640 similar citations
In sum, the Court concluded, "The possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, substantially affect any sort of interstate commerce."
- in US v. Whited, 2002 and 373 similar citations
—the Supreme Court of the United States held that the Gun-Free School Zones Act, which made it a federal offense for a person knowingly to possess a firearm at a place that the person knew or had reasonable cause to believe was a school zone, exceeded Congress's Commerce Clause authority, because possession of a gun in a local school zone was not economic …
- in Sisters of Visitation v. COCHRAN PLASTERING CO. INC., 2000 and 117 similar citations
—the Supreme Court held that the Gun Free School Zones Act, 18 USC § 922 (q), exceeded Congress's authority under the Commerce Clause.
- in US v. McMasters, 1996 and 325 similar citations
"Where economic activity substantially affects interstate commerce, legislation regulating that activity will be sustained."
- in Thomas More Law Center v. Obama, 2011 and 313 similar citations
Finally, the Court noted that Congress had made no legislative findings that would allow the Court to evaluate Congress's judgment that the regulated activity substantially affects interstate commerce.
- in US v. Riley, 1997 and 38 similar citations
Courts may not "pile inference upon inference in a manner that would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States."
- in NATIONAL SMALL BUSINESS UNITED v. Yellen, 2024 and 404 similar citations
Of late, this deference has been most manifest in decisions by the Court to invalidate federal laws seen as unduly intruding upon state criminal law prerogatives.
- in Horizontal Federalism in an Age of Criminal Justice Interconnectedness and 32 similar citations
Under the theories that the Government presents in support of § 922 (q), it is difficult to perceive any limitation on federal power, even in areas... where States historically have been sovereign. Thus, if we were to accept the Government's arguments, we are hard-pressed to posit any activity by an individual that Congress is without power to regulate
- in US v. Boyd, 1998 and 193 similar citations
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565 F. 3d 641 - Court of Appeals, 9th Circuit 2009
626 F. Supp. 2d 184 - Dist. Court, D. Massachusetts 2009
663 F. Supp. 2d 922 - Dist. Court, ED California 2009
Dist. Court, ED California 2009
403 F. 3d 1263 - Court of Appeals, 11th Circuit 2005
380 F. 3d 251 - Court of Appeals, 6th Circuit 2004
319 F. Supp. 2d 1272 - Dist. Court, D. Utah 2004
326 F. 3d 622 - Court of Appeals, 5th Circuit 2003