Constitutional Law I: Lecture Three - Due Process – Substantive and Procedural Protections Under the Fifth and Fourteenth Amendments

Law School

Summary

This lecture discussion explores the evolution of the Commerce Clause, located in Article I, Section 8, Clause 3 of the United States Constitution, which empowers Congress to regulate commerce with foreign nations, among the several states, and with Indian tribes. Initially intended to prevent economic fragmentation among the states under the Articles of Confederation, the clause has since become a cornerstone of federal legislative authority. The lecture traces the doctrine’s development from early cases like Gibbons v. Ogden, which established a broad interpretation of interstate commerce, through periods of judicial contraction during the Lochner era, and into its expansive use during the New Deal era with cases like Wickard v. Filburn. It also covers the modern Court’s retrenchment in United States v. Lopez and Morrison, reaffirming limits on federal power. The lecture concludes with analysis of Gonzales v. Raich, the Affordable Care Act case (NFIB v. Sebelius), and the interplay between the Commerce Clause, the Necessary and Proper Clause, and the Tenth Amendment, providing students with a framework to understand the clause’s reach and limitations in contemporary constitutional law.

Key Takeaways

Commerce Clause Authority: Congress has the power to regulate channels, instrumentalities, and activities substantially affecting interstate commerce.

Early Interpretations: Gibbons v. Ogden broadly defined “commerce” and Congress’s authority over it.

Judicial Contraction: Cases like E.C. Knight and Hammer v. Dagenhart restricted commerce power by excluding manufacturing and production.

New Deal Expansion: NLRB v. Jones & Laughlin Steel and Wickard v. Filburn upheld federal regulation of intrastate activities with substantial economic effects.

Civil Rights and Commerce: Heart of Atlanta Motel and Katzenbach v. McClung affirmed Congress’s authority to address racial discrimination through commerce power.

Modern Limits: Lopez and Morrison reasserted that non-economic activities and areas of traditional state concern fall outside commerce power.

Necessary and Proper Clause: Raich shows Congress may regulate intrastate activity if essential to a broader regulatory scheme.

Tenth Amendment Constraints: Federal power under the Commerce Clause cannot commandeer state governments (New York v. United States, Printz).

Affordable Care Act: In NFIB v. Sebelius, the individual mandate exceeded commerce power but was upheld under the taxing power.

Doctrinal Framework: The three-category test for Commerce Clause regulation guides constitutional analysis post-Lopez.