Two part test to analyze the exercise ofpower by Congress under the CommerceClause:

Civil Rights Act of 1964 provisions

Commerce Clause

1. The way insurance plans are structured,to adhere to the ACA.

This Supreme Court case stripped out someof the elements of the ACA. The Court heldthat Congress exceeded its authority underthe Commerce Clause in the "individualmandate" section of the ACA (although itwas upheld under Congressional power totax). Nat'l Fed'n of Indep. Bus. v. Sebelius,567 U.S. 519, 132 S. Ct. 2566, 183 L. Ed. 2d450 (2012)

US v. Lopez Regulation of Gun Free Zones Supreme Court overturned defendant'sconviction for possessing gun in school zone, a violation of the Gun-Free School ZonesAct. The Court held that Congress exceeded its authority (and did not meet prong one ofthe test under the Heart of Atlanta Motel v. US test) because the activity to be regulateddid not arise out of and was not connected with a commercial transaction.

United States v. Lopez, 514 U.S. 549, 115 S. Ct. 1624, 131 L. Ed. 2d 626 (1995)

US v. Morrison Similar to US v. Lopez,Supreme Court struck down the civilremedy portion of the Violence AgainstWomen Act (VAWA), saying that Congressexceeded its authority and "Congresstherefore may not regulate noneconomic,violent criminal conduct based solely onthe conduct's aggregate effect oninterstate commerce."

United States v. Morrison, 529 U.S. 598,120 S. Ct. 1740, 146 L. Ed. 2d 658 (2000)

Gonzales v. Raich Congress was within itsauthority to ban marijuana (even though CApermits it) because its an economic activity,and the government has a number ofinterests in regulating the drugtrade/criminal activity.

Gonzales v. Raich, 545 U.S. 1, 125 S. Ct.2195, 162 L. Ed. 2d 1 (2005)

Congress appropriately passed thechallenged provisions of the Civil Rights Actunder its authority granted by theCommerce Clause of the Constitution.

Parties

Factual Background

Procedural History