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
4. The statute is unconstitutional because Congress is regulating local