Commerce Clause

The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

Art. I, § 8, cl. 3

Partial Birth Abortion Law

“Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years or both. . . .”
    18 U.S.C. § 1531 (2004)
 

Art. III, § 2, cl. 2

In all the other Cases . . ., the supreme Court shall have appellate Jurisdiction, . . . with such Exceptions, and under such Regulations as the Congress shall make.

Gibbons v. Ogden

The commerce clause authority excludes commerce which

  1. is completely within a particular state,
  2. does not affect other states, and
  3. is not necessary for the national government to regulate to carry out some of its general powers.

Gibbons v. Ogden

The power to regulate interstate commerce:

 

“is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the constitution” (p.145).
“The wisdom and discretion of Congress, their identity with the people, and the influence which their constituents possess at elections, are . . . the sole restraints on which they have relied, to secure them from its abuse” (p.145).

 

Wickard v. Filburn

Activities may be reached by Congress, even if local and even if not regarded as commerce, if they have “a substantial economic effect on interstate commerce” (p.150).