MBE Rules · Constitutional Law
Commerce Clause — Lopez framework
Lopez / Morrison
The rule
Congress may regulate (1) channels of interstate commerce, (2) instrumentalities of interstate commerce and persons/things in it, OR (3) activities that substantially affect interstate commerce. Non-economic activities cannot be aggregated to reach the substantial-effects prong (Lopez, Morrison).
In plain English
Congress can make laws about things that cross state lines, things used in crossing state lines, or activities that have a big impact on the economy across states. But, they can't group small, non-economic actions to claim a big impact.
Worked example
A law banning guns in school zones is challenged. The defendant argues that carrying a gun in a school zone isn't an economic activity and doesn't affect interstate commerce. The court agrees, striking down the law under the Commerce Clause.
Memory hook
Commerce Clause: Channels, Things, Impact. Regulate roads, goods, or big effects on trade.
The trap
Students think: Any activity affecting commerce is regulable. Wrong, because non-economic activities can't be aggregated. The actual test is economic impact (Lopez, Morrison).
How examiners test it
The MBE loves: federal law targets non-economic crime (e.g., violence against women). Trap: students assume substantial effect on commerce. Remember: no aggregation for non-economic activity (Morrison).
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