MBE Rules · Constitutional Law
Aggregation in commerce clause
Wickard / Raich
The rule
For ECONOMIC activities, even purely intrastate conduct may be reached if the aggregate effect on interstate commerce is substantial. Applies to home-grown wheat (Wickard), home-grown marijuana (Raich). Does NOT apply to non-economic activity (Lopez).
In plain English
If an activity is economic, even if it happens entirely within one state, it can be regulated by the federal government if, when combined with similar activities, it significantly impacts trade between states.
Worked example
A farmer grows a large amount of corn for personal use. If many farmers did the same, it could affect national corn prices, so the federal government can regulate this activity.
Memory hook
Small scale, big impact. Even local acts can be regulated if their collective effect hits interstate commerce hard.
The trap
Students think: Intrastate acts are safe from federal reach. Wrong, because aggregation can show a substantial effect on commerce. The actual test is substantial aggregate impact on interstate commerce.
How examiners test it
The MBE loves: individual growing/producing something locally. Trap: students forget aggregation principle. Focus on whether the activity is economic and if its cumulative impact affects interstate commerce.
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