Commerce Power Quiz

1.  Congress passes a law that makes it illegal to ship products containing partially hydrogenated oil, commonly known as trans fat, in interstate commerce.

A.  The law is unconstitutional because Congress lacks the power to control what people eat since this is a power reserved to the states.

B.  The law is constitutional because Congress can regulate local activities that have a substantial economic effect on interstate commerce.

C.  The law is constitutional because the Commerce Clause gives Congress the power to ban  interstate shipment of any item it chooses for any reason including to protect the health of children.


2.  Congress passes a law that makes it illegal to manufacture products containing trans fat if those products are intended to be shipped in interstate commerce.

A.  The law is constitutional because the Commerce Clause gives Congress the power to regulate all local manufacturing activities.

B.  The law is constitutional because the Commerce Clause allows Congress to regulate local manufacturing where the products manufactured are intended to be shipped in interstate commerce.

C.  The law is unconstitutional because Congress lacks a general police power and, therefore, cannot regulate local manufacturing activities.


3.  Congress passes a law that makes it illegal for a business to manufacture any products containing trans fat if the manufacturing affects interstate commerce.

A.  The law is constitutional because it contains a jurisdictional element.

B.  The law is constitutional if Congress could rationally believe that the regulated activity has a substantial effect on interstate commerce.

C.  The law is constitutional for the reasons stated in both A and B above.


4.  Congress passes a law that prohibits the possession of foods containing trans fat in a school zone (because of the impact of trans fat on the health of children).

A.  The law is constitutional because the health of children affects their educational achievement and their educational achievement affects their ability to contribute to the nation’s economy.

B.  The law is constitutional because Congress can regulate possession of trans fat if it can rationally conclude that the possession and consumption of trans fact in the aggregate has a substantial economic effect on interstate commerce.

C.  The law is unconstitutional because possession of foods containing trans fat is a non-economic activity and the law lacks a jurisdictional element and only has an attenuated impact on interstate commerce.


5.  Congress passes a law that prohibits the production, shipment, possession and consumption of foods containing trans fat because of the adverse health effects of such foods.

A.  The law is unconstitutional because Congress is interfering with an activity that is traditionally the province of the states.

B.  The law is constitutional as applied to production and shipment, but not as applied to possession and consumption because Congress cannot regulate these noneconomic activities by showing an attenuated link to interstate commerce in the aggregate.

C.  All of the provisions of the law are constitutional because it is a comprehensive regulatory scheme and Congress could rationally believe that it is necessary to regulate all of these aspects of products containing trans fat in order to close down the interstate market for such products.