"[8] The word "intercourse" also had a different and wider meaning back in 1792, compared to today. It might come from the record of testimony compiled in committee hearings. The wide interpretation of the scope of the Commerce Clause continued following the passing of the Civil Rights Act of 1964, which aimed to prevent business from discriminating against black customers. As in Lopez, it could not be argued that state regulation alone would be ineffective to protect the aggregate effects of local violence. Since the Rehnquist Court, the Tenth Amendment to the Constitution has once again played an integral part in the Court's view of the Commerce Clause. The Court found that Congress could apply national quotas to wheat grown on one's own land for one's own consumption because the total of such local production and consumption could potentially be sufficiently large as to affect the overall national goal of stabilizing prices. ", "Federalism, the Rehnquist Court, and the Modern Republican Party", "Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 US 264 - Supreme Court 1981 - Google Scholar", "Perez v. United States, 402 US 146 - Supreme Court 1971 - Google Scholar", "Heart of Atlanta Motel, Inc. v. United States, 379 US 241 - Supreme Court 1964 - Google Scholar", "National Conference of State Legislatures", "Appeals court rules against Obama healthcare mandate", "Federal Courts Split on Constitutionality of Individual Mandate in Health Care Law - The Regulatory Review", "Supreme Court to Rule This Spring on Health Care Law - ABC News", "Health-Care Ruling: Why Not the Commerce Clause? G. & C. Merriam Co. v. Syndicate Pub. As explained in United States v. Lopez, 514 U.S. 549 (1995), "For nearly a century thereafter (that is, after Gibbons), the Court's Commerce Clause decisions dealt but rarely with the extent of Congress' power, and almost entirely with the Commerce Clause as a limit on state legislation that discriminated against interstate commerce. [18] In contrast, Erwin Chemerinsky believes that limiting the commerce power as the Rehnquist Court did can only lead to the weakening of individual liberties.[18]. But where we find that the legislators, in light of the facts and testimony before them, have a rational basis for finding a chosen regulatory scheme necessary to the protection of commerce, our investigation is at an end. The evolving level of scrutiny applied by federal courts to cases involving the Commerce Clause should be considered in the context of rational basis review. Co. Patent and Trademark Office v. Booking.com B. V. Immigration and Naturalization Service v. St. Cyr, Northeast Bancorp v. Federal Reserve Board of Governors, Parental Rights Amendment to the United States Constitution, Proposed "Liberty" Amendment to the United States Constitution, https://en.wikipedia.org/w/index.php?title=Commerce_Clause&oldid=1017261303, Legislative branch of the United States government, Clauses of the United States Constitution, Short description is different from Wikidata, Wikipedia articles incorporating a citation from the 1911 Encyclopaedia Britannica with Wikisource reference, Creative Commons Attribution-ShareAlike License, Commerce is "intercourse, all its branches, and is regulated by prescribing rules for carrying on that intercourse.". '"[26] In both cases, Congress criminalized activity that was not commercial in nature without including a jurisdictional element establishing the necessary connection between the criminalized activity and interstate commerce.