SC Bar Practice Questions - South Carolina Bar Examination Exam

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Congress enacts a statute regulating the in-state, non-commercial cultivation of a crop for personal use, relying on the Commerce Clause. Under modern doctrine, this regulation is most likely:

Unconstitutional, because purely local activity can never be regulated Constitutional only if the activity crosses state lines Unconstitutional, because the Tenth Amendment bars all federal regulation of agriculture Constitutional, because Congress may regulate intrastate activity that, in the aggregate, substantially affects interstate commerce

Correct Answer:

Constitutional, because Congress may regulate intrastate activity that, in the aggregate, substantially affects interstate commerce

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