Commerce Clause Tests
Liberal Test: Legislation is proper under the Commerce Clause if, aggregating all the effects of the legislation, the regulation has a substantial effect on interstate …
Tag: Commerce Clause
A Note on the “Evolved Substantial Effect” Test in Finding Constitutionality Under the Commerce Clause & Thoughts on a Better Approach Applicable to the Existing Regime
***** Draft – expect to be updated frequently ****** On their surfaces, the U.S. Supreme Court (“Court”) has developed two concurring/parallel sets of rules in determining whether a …