Carjacking Question

A person commits the federal crime of carjacking if a person "takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so." A Commerce Clause challenge to the constitutionality of the statute will conclude (please select the best answer):

1. The statute is constitutional because Congress has the power to regulate local activities that have a substantial economic effect on interstate commerce in the aggregate.

2. The statute is constitutional because the statute contains a jurisdictional element that limits its reach to carjackings that have an explicit connection with interstate commerce.

3. The statute is unconstitutional because Congress is regulating intrastate violent criminal conduct that traditionally is regulated by the states.

4. The statute is unconstitutional because Congress is regulating local noncommercial activity.