Commerce Clause Requires Multi State Character Of The Underlying Offense
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Constitutional Law1
Example wrong choices
17728_illuminated_manuscript · CONSTITUTIONAL_LAW · Choice ACongress lacks power unless the theft itself happened in multiple states.
Why it's attractive
The Commerce Clause, including the channels-of-commerce power, is not conditioned on the multi-state character of the underlying offense. The regulated act is the interstate shipment, which is itself a use of the channels of interstate commerce.
Why it's wrong
The Commerce Clause, including the channels-of-commerce power, is not conditioned on the multi-state character of the underlying offense. The regulated act is the interstate shipment, which is itself a use of the channels of interstate commerce.
17728_illuminated_manuscript · CONSTITUTIONAL_LAW · Choice CCongress may regulate only if the defendant personally owns a shipping company.
Why it's attractive
The National Stolen Property Act reaches any person who knowingly ships stolen property across state lines, whether or not the defendant owns a shipping company. The statute targets the act of using the channels, not the defendant's occupational status.
Why it's wrong
The National Stolen Property Act reaches any person who knowingly ships stolen property across state lines, whether or not the defendant owns a shipping company. The statute targets the act of using the channels, not the defendant's occupational status.
17728_illuminated_manuscript · CONSTITUTIONAL_LAW · Choice DCongress lacks power because stolen goods are outside commerce.
Why it's attractive
The student hears 'stolen goods' and 'outside commerce' and assumes Congress cannot reach them. The Gold Key tells them the channels-of-commerce power reaches the channels themselves, not the goods in them.
Why it's wrong
The student hears 'stolen goods' and 'outside commerce' and assumes Congress cannot reach them. The Gold Key tells them the channels-of-commerce power reaches the channels themselves, not the goods in them.
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