Regulation of the
channels of
interstate
commerce
Channels of interstate commerce describe the
passages of transportation between the states.
Thus, the commerce clause authorizes Congress
to regulate activities pertaining to the nation’s
airways, waterways, and roadways, and even
where the activity itself takes place entirely in a
single state.
For example, Congress can
pass regulations that restrict
what can be carried on airlines
or on ships.
Regulation of the
instrumentalities
of interstate
commerce
Instrumentalities of commerce are understood to
be any resource employed in the carrying out of
commerce. Examples of these resources are
machines, equipment, vehicles, and personnel.
Thus, Congress has the power to regulate these
areas.
Congress could pass
regulations mandating certain
safety standards for
equipment used in
manufacturing plants.
Regulation of
intangibles and
tangibles that
cross state lines
Any object, tangible or intangible, that crosses
state lines can be regulated under the commerce
clause. Tangible objects include goods purchased
by consumers, as well as raw materials and
equipment used in the production of goods for
sale. Intangible objects include services, as well as
electronic databases.
The Driver’s Privacy Protection
Act (DPPA) regulates the sale
of information contained in
the Department of Motor
Vehicles’ (DMV’s) records.
Regulation of
activities that are
deemed to have a
substantial
impact on
interstate
commerce
Federal regulation of economic commercial
activity expected to have a significant (as opposed
to minor) effect on interstate commerce is
constitutional, according to the commerce clause.
Noneconomic commercial activity is not covered.
The courts in the United States
vs. Lopez case described
earlier deemed the Act to be
unconstitutional because its
terms have “nothing to do
with ‘commerce’ or any sort of
economic enterprise.”
Table 4.1
4.2
Constitutional Protections
The Bill of Rights is the common term given to the first 10 amendments to the U.S. Constitution. These are not
the only set of amendments to the Constitution, but they are considered together as impacting rights because
they limit the ability of the federal government to infringe upon individual freedoms. In addition, a later
amendment, the Fourteenth Amendment, extends the provisions set out in the Bill of Rights to the states, in
addition to federal government. The Bill of Rights has a substantial impact upon government regulation of
commercial activity, and therefore, it is important to fully understand it.
A summary of the provisions of the Bill of Rights is supplied below:
Chapter 4 Business and the United States Constitution
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