LYCOS RETRIEVER 
Commerce Clause: Interstate Commerce
built 636 days ago
Roberts pointed out that Lopez and Morrison suggest that commerce clause analysis must focus on whether the regulated activity affects interstate commerce. And he identified the regulated activity here, as the "take" of the flies in NAHB, or the toads in Rancho Viejo.
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[S]ix out of nine justices – including one of the Court’s most outspoken conservatives – agreed that something does not have to be “interstate” or “commerce” in order to be regulated under the interstate commerce clause. All that is needed is a semi-plausible argument that a broader national regulatory scheme would be undermined by leaving the activity untouched and, presto, out goes federalism.
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Interstate Commerce