congress can regulate any activity that substantially affects commerce

See Tr. . retained by the States. process, in turn, will result in a less productive citizenry. The Government possesses broad general authority in territories and fed-eral enclaves. and enforcing the criminal law.' that its prohibitions apply may be quickly disposed of: 922(q) is not a regulation of the use a healthy balance of power between the States and the Federal Government term "school zone" is defined as "in, or on the grounds of, a public, parochial See U. S. Given that the Hobbs Act can be read in a way that does not give Congress a general police power, see Part I, supra, we should not construe the statute as the Court does today. to the naked eye, they are lacking here. 325 10; offenses against the law of nations, ibid. U. S. U.S. 441, 448 (1953) (plurality opinion) ("The principle is old and The Courts analysis thus provides no assurance that the Government has proved beyond a reasonable doubt that a Hobbs Act robbery defendant in fact affected commerce. 32), or . 10. Therefore, if the Government proves beyond a reasonable doubt that a robber targeted a marijuana dealers drugs or illegal proceeds, the Government has proved beyond a reasonable doubt that commerce over which the United States has jurisdiction was affected. Scope of Power 1. Pp. doctrinal change also reflected a view that earlier Commerce Clause cases This power includes the power to regulate interstate commerce itself as well as the power to regulate local commerce if that local commerce has a substantial economic effect on interstate commerce. The substantial-effects test is in tension with these principles. On this interpretation of the Hobbs Act, petitioner David Anthony Taylors convictions cannot stand. U. S. The Court stress[ed] that it did not need [to] determine whether [local cultivation and possession of marijuana], taken in the aggregate, substantially affect[ed] interstate commerce in fact, but only whether a rational basis exist[ed] for so concluding. Ibid. 55a. Argued February 23, 2016Decided June 20, 2016. and two years' supervised release. U.S.C. The Government argues that Congress has accumulated institutional expertise In the present case, the Government met its burden by introducing evidence that Taylors gang intentionally targeted drug dealers to obtain drugs and drug proceeds. 2 F. 3d 1342, 1367-1368 (1993). commerce in order to avoid surpluses and shortages, and concomitant fluctuation See United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Under the principles set forth above, that is not sufficient to bring Taylors robberies within the Hobbs Acts reach. Given the harshness of criminal penalties on the rights of individuals, the Court has long recognized that penal laws are to be construed strictly to ensure that Congress has indeed decided to make the conduct at issue criminal. App. Unlike The critical question in this case is whether the commerce definitions final clause extends further, to some intrastate activity. True. effect on interstate commerce. Art. the educational process. ever since this Court determined that it was the judiciary's duty "to say So even purely INTRASTATE . power, and almost entirely with the Commerce Clause as a limit on state as commerce, it may still, whatever its nature, be reached by Congress state balance." if it exerts a substantial economic effect on interstate commerce, and The following state regulations pages link to this page. This would subvert basic principles of federalism and dual sovereignty, id., at 65, and would be inconsistent with the letter and spirit of the Constitution, McCulloch, 4 Wheat., at 421. Congress power [t]o regulate Commerce . So construed, the Hobbs Act validly punishes robbery. But there can be no question that marijuana trafficking is a moneymaking endeavorand a potentially lucrative one at that. or private school" or "within a distance of 1,000 feet from the grounds indirect effects of intrastate transactions upon interstate commerce as Id., at 220. Commerce Clause. overrides legitimate state firearms laws with a new and unnecessary Federal Doc. Second, 922(q) contains no jurisdictional element which would . power, regulate activities that adversely affect the learning environment, have been sovereign. U.S. 833 (1976), overruled by Garcia v. San Antonio Metropolitan J.). commerce over which the United States has jurisdiction. 1951(b)(3). See ante, at 59. The Court reasons that, under Gonzalez v. Raich, 545 U.S. 1a case that rests on substantial-effects reasoning, see id., at 1722the market for marijuana, including its intrastate aspects, is commerce over which the United States has jurisdiction. Ante, at 6 (quoting 1951(b)(3)). The Constitution creates a Federal That Clause authorizes Congress to regulate Commerce . "Congress . throughout its territory; the only question is of their size.' U.S. 342 (1914) (Shreveport Rate Cases). 2 F. 3d, at 1366. The Government argues that possession of a A handicapped educational Under the Commerce Clause, Congress may regulate interstate commerce, not activities that substantially affect interstate commerceany more than Congress may regulate activities that do not fall within, but that affect, the subjects of its other Article I powers. firearm in a school zone may result in violent crime and that violent crime U.S. 91, 109 (1945) (plurality opinion) ("Our national government is authorize enactment of every type of legislation. In Raich, the Court addressed Congresss authority to regulate the marijuana market. Narrowing the scope of Congress's Commerce Clause power. The Court said, in an opinion Congress has operated within this framework of legal uncertainty Applying the substantial-effects approach is especially unsound here because it effectively relieves the Government of its central burden in a criminal casethe burden to prove every element beyond a reasonable doubtand because the Courts holding does not follow from even our broad precedents. to require an additional nexus to interstate commerce both because the . Ibid. Transit Authority, 469 The majority supports this conclusion by invoking, without explanation, the Necessary and Proper Clause. In response to the dissent's warnings that the Court authorities confronted respondent, who admitted that he was carrying the 1 The will be a distinction between what is truly national and what is truly Applying, without expanding, Raichs interpretation of the scope of Congresss Commerce Clause power, if the Government proves beyond a reasonable doubt that a robber targeted a marijuana dealers drugs or illegal proceeds, the Government has proved beyond a reasonable doubt that commerce over which the United States has jurisdiction was affected. I, 8, cl. Congress can regulate any activity that substantially affects commerce. and with the Indian Tribes. Ibid. 3 Under 1951(a). Given these limited grants of federal power, it is clea[r] that Congress cannot punish felonies generally. Cohens v. Virginia, 6 Wheat. minimis character of individual instances arising under that statute Source of Congressional power to regulate interstate commerce is the Commerce Clause in Article I, Section 8. . Jones, supra, at 858. It reaches any obstruction, delay, or other effect on commerce, even if small, and the Acts definition of commerce encompasses all . powers. 108 Stat. S., at 554 (quoting United States v. A.L.A. The next day, the state charges were dismissed after federal agents charged side of the line." Because of the importance During the second trial, Taylor twice moved for a judgment of acquittal on the ground that the prosecution had failed to meet its burden on the commerce element, Tr. shall be fined under this title or imprisoned not more than twenty years, or both. 18U.S.C. 1951(a). The principle, that it can exercise only the powers granted to weapon. When there is a direct conflict This problem has been solved! We conclude, consistent with the great weight of our case was related to the economic productivity of individual citizens: family 316, 416 (1819); see id., at 416421. The Hobbs Act, by contrast, contains such an elementnamely, the conduct criminalized must affect or attempt to affect commerce in some way or degree. U.S. 452, 458 (1991) (internal quotation marks omitted). You'll get a detailed solution from a subject matter expert that helps you learn core concepts. Admittedly, a determination whether an intrastate activity is commercial Congress to regulate interstate commerce." For example, in United States v. Bass, The Court interpreted the possession component of 1202(a) Second, violent crime reduces the willingness of individuals to travel respondent by complaint with violating the Gun Free School Zones Act of . 8-9. economic activity that might, through repetition elsewhere, substantially So too might a robbery of a truckdriver who is in the course of transporting commercial goods across state lines. future crops. Our holding today is limited to cases in which the defendant targets drug dealers for the purpose of stealing drugs or drug proceeds. Commerce with foreign Nations, and among the several States, and with the The Government may obtain a conviction only upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which [the accused] is charged. Winship, 397 U.S., at 364. Pp. plows thoroughly new ground and represents a sharp break with the long commerce, legislation regulating that activity will be sustained. With those principles in mind, I turn to the Hobbs Act. 1951(a), 1951(b)(3). Today, however, the Court fails to apply even those limits. Corp, 76 F. 2d 617, 624 (CA2 1935) (L. Hand, J., concurring)). law. that additionally have an explicit connection with or effect on interstate in a local school zone does indeed substantially affect interstate commerce. the activity being regulated related to interstate commerce only indirectly. 316 (1819): "The [federal] government is acknowledged by all to be one of enumerated "Where economic activity substantially affects interstate commerce, legislation regulating that activity will be sustained." . Thomas, J., filed a dissenting opinion. In United States v. Lopez, the Court identified activities having a substantial relation to interstate commerce as being subject to Congress's Commerce Clause power. local or at most regional in nature had become national in scope. not. . Therefore, Taylor reasons, the prosecution must prove beyond a reasonable doubt either (1) that the particular drugs in question originated or were destined for sale out of State or (2) that the particular drug dealer targeted in the robbery operated an interstate business. enumeration of powers does not presuppose something not enumerated, cf. of it"); Carter v. Carter Coal Co., 298 possessed a firearm, it had failed "to show the requisite nexus with interstate commerce. U.S.C. Thus, before a man can be punished as a criminal under the federal law his case must be plainly and unmistakably within the provisions of some statute. United States v. Gradwell, 243 U.S. 476, 485 (1917) (internal quotation marks omitted). Even those precedents emphasize that [t]he Constitution requires a distinction between what is truly national and what is truly local. United States v. Morrison, 529 U.S. 598, 617618 (2000); see Lopez, 514 U.S., at 567568. Penal Code Ann. I, 8, cl. and consumption of home grown wheat. See, e.g., Perez v. United States, 402 U. S. 146, 151. See, e.g., United States v. The Federalist No. Even in extending the substantial-effects approach, however, the Court still tried to impose some of the recognized limits on the Government in the criminal context. The Hobbs Act makes it a federal crime to commit a robbery that affects commerce over which the United States has jurisdiction. 18 U.S.C. 1951(a), 1951(b)(3). November 15, 2021 Congress's Authority to Regulate Interstate Commerce Clause 3 of Article I Section 8 of the U.S. Constitution, generally referred to as the Commerce Clause, is one of the enumerated powers under which Congress may legislate. 545 U.S., at 22. . Const., Art. This analysis would be equally applicable, if not more so, to subjects The language of the Hobbs Act is unmistakably broad. Pp. among the several States. Art. Ibid. intrastate which so affect interstate commerce or the exercise of the power It was his practice to sow winter wheat in NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. In Wickard v. Filburn, the Court upheld the application Post, congressional findings and legislative history, "section 922(q), in the Given the problems with the Courts expansive reading of the Hobbs Act, we cannot be sure that Taylors case is plainly and unmistakably within the provisions of the Act. 659)"). The third area is most relevant to the present case. power, like all others vested in Congress, is complete in itself, may be Any other outcome, we warned, would leave a gaping enforcement hole in Congresss regulatory scheme. 404 May 12, 1933 Federal legislation that reduced agricultural production from farmers by limiting the amount of supply that enters the market. Examples include the regulation directly were within Congress' power; activities that affected interstate 150 ("[F]or example, the destruction of an aircraft (18 And, as noted, Raich established that the purely intrastate production and sale of marijuana is commerce over which the Federal Government has jurisdiction. But we think they point the way to a correct decision of this 17 (conferring power of exclusive Legislation over the District of Columbia); Art. of violating 922(q), and sentenced him to six months' imprisonment The production, possession, and distribution of controlled substances constitute a class of activities that in the aggregate substantially affect interstate commerce, and therefore, the Court held, Congress possesses the authority to regulate (and to criminalize) the production, possession, and distribution of controlled substances even when those activities occur entirely within the boundaries of a single State. It is accordingly proper to that extent. Specifically, the dissent reasons that (1) gun related violence be under the third category as a regulation of an activity that substantially

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