substantial effects doctrine

E13968

The substantial effects doctrine is a constitutional law principle allowing Congress to regulate even local, non-commercial activity under the Commerce Clause if, in the aggregate, it exerts a substantial effect on interstate commerce.


Statements (44)

Predicate Object
instanceOf United States constitutional law concept
constitutional law doctrine
legal doctrine
allows Congress to regulate intrastate activity
Congress to regulate local activity
Congress to regulate non-commercial activity
appliedBy Supreme Court of the United States
appliesTo Commerce Clause
associatedWith United States constitutional history
surface form: New Deal era constitutional jurisprudence
basedOn aggregation principle
citedInCase Gonzales v. Raich
Wickard v. Filburn
condition regulated activity must have substantial effect on interstate commerce in the aggregate
connectedTo enumerated powers of Congress
limits on federal police power
controversialFor broad interpretation of Commerce Clause
criticizedFor eroding limits on federal power
weakening state sovereignty
developedInCase NLRB v. Jones & Laughlin Steel Corp.
Wickard v. Filburn
distinguishedFrom channels of interstate commerce doctrine
instrumentalities of interstate commerce doctrine
expandedFederalPowerOver agricultural production
economic regulation
labor relations
local economic activity
influences federalism debates in the United States
interprets scope of congressional commerce power
involvesQuestion what constitutes economic activity
legalSystem United States of America
surface form: United States
limitedByCase United States v. Lopez
United States v. Morrison
relatedConcept aggregation of effects
economic activity requirement
rational basis review in Commerce Clause cases
relatedTo Necessary and Proper Clause
interstate commerce
requiresFinding substantial effect on interstate commerce
sourceOf broad congressional regulatory authority over national markets
subjectOf scholarly debate in constitutional law
supportsView Congress may regulate intrastate activity that is part of a class of activities affecting interstate commerce
timePeriod 20th century
usedToUphold federal regulation of homegrown medical marijuana in Gonzales v. Raich
federal regulation of homegrown wheat in Wickard v. Filburn

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Wickard v. Filburn hasKeyDoctrine substantial effects doctrine