ND Bar Practice Questions - North Dakota Bar Examination Exam

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Congress enacts a statute regulating the sale of firearms that move in interstate commerce. A defendant argues Congress lacks power to regulate a purely local, intrastate firearm sale. Under modern Commerce Clause doctrine, which framework governs whether Congress may reach the activity?

Congress may regulate only activities that physically cross state lines Congress may regulate any activity it deems important to the national welfare without limit Congress may regulate channels and instrumentalities of interstate commerce and activities that substantially affect interstate commerce Congress may regulate only commercial activity expressly authorized by the states

Correct Answer:

Congress may regulate channels and instrumentalities of interstate commerce and activities that substantially affect interstate commerce

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