A commerce clause question myself (Calling those experts)

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joetheplumber
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Joined: Sat Sep 18, 2010 7:23 pm

A commerce clause question myself (Calling those experts)

Postby joetheplumber » Sun May 12, 2013 11:53 am

Hypo from Prof: Congress is considering a ban on human cloning. “It shall be unlawful for any person or entity, public or private,
to knowingly perform or attempt to perform human cloning; to participate in any
attempt to perform human cloning; or to ship or receive for any purpose an embryo
produced by human cloning or any product derived from such embryo.” What powers does Congress have to enact this law?

Here are my analysis, please correct me:
1. Under Lopez, first determine whether it is channels, instrumentality of interstate commerce, or that it substantially affects interstate commerce. This is under the instrumentality of commerce because it is "to ship or receive". As such, this is an instrumentality of interstate commerce and so Congress can enact this law. Furthermore, even under the 3rd prong of Lopez, shipping and receiving embryos is an economic activity(is this true even though no $$ is involved?) and as such it can be aggregated and it therefore substantially affects commerce.
2.For the first provision, "to perform or attempt to perform human cloning". This is necessary and proper means to regulate the "shipping and receiving" of an embryo.
3. For the second provision, "to participate in any attempt to perform human cloning". This is necessary and proper means to regulate the "shipping and reeving" of an embryo.

Is this the correct analysis. Am i missing anything?

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5ky
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Joined: Mon Oct 05, 2009 4:10 pm

Re: A commerce clause question myself (Calling those experts)

Postby 5ky » Sun May 12, 2013 12:01 pm

You gotta stop making individual threads for your own questions

lukertin
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Joined: Tue Jun 19, 2012 7:16 am

Re: A commerce clause question myself (Calling those experts)

Postby lukertin » Sun May 12, 2013 12:21 pm

you missed using the 13th amendment as a basis for the statute




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