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Argument

1. Is the prohibited activity of a commercial or economic nature?
A. Congressional Power Under the Commerce Clause
[1] The Constitution delegates to Congress the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” U.S. CONST. art.I, § 8, cl. 3. The issue here is whether a statute enacted pursuant to the Commerce Clause may constitutionally reach non-commercial, non-economic individual conduct that is purely intrastate in nature, when there is no reasonable basis for concluding that the conduct had or intended to have any significant interstate connection or any effect on interstate commerce.
[2] In reviewing a constitutional challenge to a statute based upon the Commerce Clause, we look to two recent decisions of the Supreme Court, United States v. Lopez,
514 U.S. 549, (1995) and United States v. Morrison, 529 U.S. 598 (2000). In Lopez, the Supreme Court outlined three general categories of activity that......

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