Article I, Sec. 8 Enumerated powers10th Amendment Powers not granted to the

national government are reserved to the States respectively or to the people

United States v. E.C. Knight Co.

Exclusive State enclave since the activity is inherently local in nature. (ex. manufacturing, agriculture, mining, production)

Article 1, Sec. 8 : Power to Regulate Interstate Commerce

“Commerce” any activity involved in the commercial exchange of goods and services; and the marketing, purchase, and transportation of those goods is not.

“Interstate” commercial exchanges that involve activity occurring in more than one state.

“Regulate” power to prescribe the rules under which commerce shall be transacted including the power to prohibit particular transactions.

Congress shall have the power to regulate Commerce among the several States.

1. Congress may regulate the use of channels of interstate commerce.

2. Regulate instrumentalities of interstate commerce.

3. Necessary & Proper Clause + Commerce Clause = authority to regulate any economic activity that has a substantial relationship with interstate commerce or that substantially affects commerce.(substantial affects test)

Gibbons v. OgdenUnited States v. Darby

Darby adopted the substantial affects destroyed the test.Darby court enclave theory and the notion that certain activities were automatically off limits to fed reg. Pursuant to Commerce Clause and the N&P Clause congress may regulate any local economic activity that substantially affects interstate commerce.

Necessary and Proper Clause (Art. 1, Sec. 8)

“(1) let the end be legitimate; (2) let it be within the scope of the constitution; and (3) all means which are appropriate (4) which are plainly adapted to that end (5) consistent with the letter and spirit of the constitution “

As a means to execute all constitutionally granted powers.

McCulloch v. Maryland Structural Argument: Constitution is a foundational charter it created a system of government designed to address problems of national concern.Specific grants of power could not outlines government’s authority but could not describe details of future contingencies. Constitution vested