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Here is an excerpt of the Legal Analysis for: UNITED STATES V. LOPEZ 514 U.S. 549 (1995) LEGAL ANALYSIS: There is a limit to super bootstrapping and this was the first one imposed in 60 years. There must be some minimal activity connected to commerce without an invasion of areas of power traditionally reserved for the states. Further, there was no jurisdictional nexus as Congress banned the possession of all guns even if they never had moved in interstate commerce. An activity must have a substantial effect to be regulated. To uphold the statute would require the heaping of inference upon inference so much so that the Commerce clause would amount to a state police power in the possession of Congress. The primary police functions of the state are reserved to states under the Tenth Amendment. See United States v. Lopez, 514 U.S. 549, 131 L. Ed. 2d 626, 115 S. Ct. 1624, 1634 (1995). You cannot allow the expansion of the commerce clause to such an extent that it obliterates the distinction between States and the Federal Government. At issue in Lopez, 514 U. S. 549, was the validity of the Gun-Free School Zones Act of 1990, which was a brief, single-subject statute making it a crime for an individual to possess a gun in a school zone. 104 Stat. 4844-4845, 18 U. S. C. §922(q)(1)(A). The Act did not regulate any economic activity and did not contain any requirement that the possession of a gun have any connection to past interstate activity or a predictable impact on future commercial activity. Distinguishing earlier cases holding that comprehensive regulatory statutes may be validly applied to local conduct that does not, when viewed in isolation, have a significant impact on interstate commerce, the court held the statute invalid. It explained: "Section 922(q) is a criminal statute that by its terms has nothing to do with 'commerce' or any sort of economic enterprise, however broadly one might define those terms. Section 922(q) is not an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated. It cannot, therefore, be sustained under our cases upholding regulations of activities that arise out of or are connected with a commercial transaction, which viewed in the aggregate, substantially affects interstate commerce." 514 U. S., at 561 Commerce has always been defined as economic activity based on a profit motive. We look from the outside and see an enormous flaw in all the reasoning of all the courts and justices that is obvious from the start. Is the activity one of an essentially economic character? Is there a commercial profit motive? All commerce has those general characteristics and we defy anyone to find a commerce activity that does not. No one has ever asked if there was a profit motive in any of these cases. If you look to the confines of this decision, of course there was no economic activity engendered by this moron in carrying a gun to school, and there certainly was no commercial profit motive. Of course, it is now time for us to quote from our own definition of commerce in Dean’s Law Dictionary (ironically LOL). The profit motive is the key ingredient that separates out commerce power from all other powers reserved to the states. It is an easy to apply test with objective results. The justices hint at the lack of profit motive in this lengthy opinion but they just don’t come out and clearly abandon all the rest of their tests for one that is simple and easy to apply. Justice Kennedy states: “As the Chief Justice explains, unlike the earlier cases to come before the Court here neither the actors nor their conduct have a commercial character, and neither the purposes nor the design of the statute have an evident commercial nexus.” It’s there staring you in the face. The profit motive also separates the commerce power from the other enumerated powers under Art. I, § 8. Go back to all the cases in your casebook and apply our profit motive test and you see a fair result that separates both state and federal spheres of influence. ***Commerce n. (Formerly accented on the second syllable.) The exchange or buying and selling of commodities; esp. the exchange of merchandise, on a large scale, between different places or communities; extended trade or traffic. Social intercourse; the dealings of one person or class in society with another; familiarity. Sexual intercourse. A round game at cards, in which the cards are subject to exchange, barter, or trade. Chamber of commerce. See Chamber. Syn. — Trade; traffic; dealings; intercourse; interchange; communion; communication. — v. To carry on trade; to traffic. To hold intercourse; to commune. The exchange of commodities for commodities; considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit. In a narrower sense, commerce signifies any reciprocal agreements between two persons, by which one delivers to the other a thing, which the latter accepts, and for which he pays a consideration; if the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter.*** Cases show that the regulation of intrastate activities may be necessary to and proper for the regulation of interstate commerce in two general circumstances. Most directly, the commerce power permits Congress not only to devise rules for the governance of commerce between States but also to facilitate interstate commerce by eliminating potential obstructions, and to restrict it by eliminating potential stimulants. See NLRB v. Jones & Laughlin Steel Corp., 301 U. S. 1, 36-37 (1937). That is why the Court has repeatedly sustained congressional legislation on the ground that the regulated activities had a substantial effect on interstate commerce. See, e.g., Hodel, supra, at 281 (surface coal mining); Katzenbach, supra, at 300 (discrimination by restaurants); Heart of Atlanta Motel, Inc. v. United States, 379 U. S. 241, 258 (1964) (discrimination by hotels); Mandeville Island Farms v. American Crystal Sugar Co., 334 U. S. 219, 237 (1948) (intrastate price-fixing); Board of Trade of Chicago v. Olsen, 262 U. S. 1, 40 (1923) (activities of a local grain exchange); Stafford v. Wallace, 258 U. S. 495, 517, 524-525 (1922) (intrastate transactions at stockyard). Lopez and Morrison recognized the expansive scope of Congress's authority in this regard: "[T]he pattern is clear. Where economic activity substantially affects interstate commerce, legislation regulating that activity will be sustained." Lopez, supra, at 560; Morrison, supra, at 610 (same). This principle is not without limitation. In Lopez and Morrison, the Court--conscious of the potential of the "substantially affects" test to " 'obliterate the distinction between what is national and what is local,' " Lopez, supra, at 566-567 (quoting A. L. A. Schechter Poultry Corp. v. United States, 295 U. S. 495, 554 (1935)); see also Morrison, supra, at 615-616--rejected the argument that Congress may regulate noneconomic activity based solely on the effect that it may have on interstate commerce through a remote chain of inferences. Lopez, supra, at 564-566; Morrison, supra, at 617-618. "[I]f we were to accept [such] arguments," the Court reasoned in Lopez, "we are hard pressed to posit any activity by an individual that Congress is without power to regulate." Lopez, supra, at 564; see also Morrison, supra, at 615-616. Thus, although Congress's authority to regulate intrastate activity that substantially affects interstate commerce is broad, it does not permit the Court to "pile inference upon inference," Lopez, supra, at 567, in order to establish that noneconomic activity has a substantial effect on interstate commerce. Congress's authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws directed against economic activities that have a substantial effect on interstate commerce. Though the conduct in Lopez was not economic, the Court nevertheless recognized that it could be regulated as "an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated." 514 U. S., at 561. This statement referred to those cases permitting the regulation of intrastate activities "which in a substantial way interfere with or obstruct the exercise of the granted power." Wrightwood Dairy Co., 315 U. S., at 119; see also United States v. Darby, 312 U. S. 100, 118-119 (1941); Shreveport Rate Cases, 234 U. S., at 353. As the Court put it in Wrightwood Dairy, where Congress has the authority to enact a regulation of interstate commerce, "it possesses every power needed to make that regulation effective." 315 U. S., at 118-119.The dissent argued the rational basis test and whether Congress could have a rational basis for finding a significant or substantial connect between gun related school violence and interstate commerce.
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