Modern Doctrine

Modern Doctrine

Learn about the expansions of the commerce power under modern-day Commerce Clause doctrine, including Congress’s power to regulate channels, instrumentalities, and activities with substantial effects on interstate commerce.


Welcome to the video on the modern doctrine of Commerce Power!

I. The years following the New Deal

In the years following the New Deal, there was an ideological shift on the Supreme Court away from the direct effect and stream of commerce theories of Commerce Power and toward the substantial effects doctrine that forms the basis of Commerce Clause jurisprudence. In this era it becomes clear that under the Commerce Clause Congress may (1) regulate any activity that has a substantial effect on...