Under the Commerce Clause, and via the Necessary & Proper Clause,

Commerce Clause Framework Congress may regulate any thing which has a substantial effect on
interstate markets. Congress may also regulate the channels &
instrumentalities of commerce.

There are Three Things Congress Can Regulate Under the Commerce Clause.. [Lopez]

Channels of Commerce - Instrumentalities of Commerce/People & Activities Substantially Related to Interstate

think: the actual channels of
interstate commerce, like
highways, airports, motels,
etc.
Things in Commerce - think: things that
travel in commerce or that make commerce
possible, like trucks or planes; people, food -
may regulate even though they come from
intrastate activity
Commerce - think: activities that have a
substantial effect on interstate commerce, like
production of products that will be transported in
interstate commerce or used to make products in
another state

Additional Questions to Consider [Lopez Test] -

- Is there a jurisdictional element in the statute tying it Economic [Commercial] - Non-economic [Commercial] - Inactivity
to interstate commerce? [such as limiting prohibition of
guns to those that have crossed state lines]
May be regulated; less May be regulated; but more May not regulate inactivity or
- Is there a congressional record of findings that the suspicious of economic activity suspicion about regulation of compel people not currently
activity has an effect on interstate commerce? [Inquire [Wickard] non-economic activity engaged in commercial activity
about findings Congress made before passing the law; to engage in economic
Court may or may not defer - Morrison looks like it May be aggregated to show an Maybe can't be aggregated activity/become part of a
may not] effect on interstate commerce [Morrison, gender violence - no market [at least by the CC;
[Wickard] categorical rule but suggests maybe by taxing]
- How close is the connection between the activity effects of noneconomic activity
regulated & interstate commerce? How many steps can't be aggregated]
May not create economic activity.
does it take to get from the regulated activity to the
effect on interstate commerce? Must the court make
inference upon inference or is the connection fairly
clear? [If Court has to make inference on inference,
could lead to general police power - bad].

- Is there any other limiting principles to prevent the

govt from exercising its Commerce Clause over any
activity ["proper"]? [Sebelius]