Congress passes a law capping the amount of basil any


1. In the year 2000 (Pre-Gonzales v. Raich), Congress passes a law capping the amount of basil any person may legally grow in their herb garden. Stewart grows basil in excess of the cap and is brought up on federal criminal charges. The law is:

A. An unconstitutional overreach of Congress' power under the commerce clause because the law does not regulate any sort of economic enterprise

B. A constitutional exercise of Congress' Commerce Clause Authority

C. A constitutional exercise of Congress' authority under the commerce clause because invalidating the law would undercut Congress' ability to regulate the interstate market for basil

D. An unconstitutional overreach of Congress' power under the commerce clause because the law does not regulate roads, railroads, or navigable waterways

2. In the year 1965 (Pre-U.S. v. Lopez), Congress passes a law capping the amount of basil any person may legally grow in their herb garden. Stewart grows basil in excess of the cap and is brought up on federal criminal charges. The law is:

A. A constitutional exercise of Congress' authority under the commerce clause because Stewart's basil was in the stream of commerce.

B. An unconstitutional overreach of Congress' power under the commerce clause because the law does not regulate roads, railroads, or navigable waterways.

C. A constitutional exercise of Congress' Commerce Clause Authority that regulates an intrastate activity that in the aggregate has a direct or indirect effect on interstate commerce.

D. An unconstitutional overreach of Congress' power under the commerce clause because the law does not regulate any sort of economic enterprise

3. In the year 1920 (Pre-F.D.R.), Congress passes a law capping the amount of basil any person may legally grow in their herb garden. Stewart grows basil in excess of the cap and is brought up on federal criminal charges. The law is:

A. An unconstitutional overreach of Congress' power under the commerce clause because the law does not regulate roads, railroads, or navigable waterways

B. An unconstitutional overreach of Congress' power under the commerce clause because the Commerce Clause only allows Congress to regulate economic enterprise.

C. A constitutional exercise of Congress' authority under the commerce clause because Stewart's basil is in the stream of commerce

D. A constitutional exercise of Congress' Commerce Clause Authority that regulates an intrastate activity that in the aggregate has a direct or indirect effect on interstate commerce.

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