Is There an Intrastate Barrier to Congress Commerce Power?
–Not only has there been legislative advancement and judicial acquiescence in commerce clause jurisprudence, but the melding of the Nation into one economic union has been more than a little responsible for the reach of Congress’ power. ”The volume of interstate commerce and the range of commonly accepted objects of government regulation have . . . expanded considerably in the last 200 years, and the regulatory authority of Congress has expanded along with them. As interstate commerce has become ubiquitous, activities once considered purely local have come to have effects on the national economy, and have accordingly come within the scope of Congress’ commerce power.” 804 Reviewing the doctrinal developments laid out in the prior pages, it is evident that Congress’ commerce power is fueled by four very interrelated principles of decision, some old, some of recent vintage. First, the commerce power attaches to the crossing of state lines, and Congress has validly legislated to protec
