21st Century Commerce Clause Reaction Papers (Updated)

Here, here, here, here, here, and here.

I can use the posting of these papers as a good opportunity to clarify some doctrinal things.

Recall that the Court in Lopez and Morrison recast Heart of Atlanta and Katzenbach into a "channels" of interstate commerce case (Category 1), rather than a non-economic-having-substantial-effect case (Category 3). That affects what you would do with that case going forward. It also affects how you would analyze, for example, federal employment-discrimination laws. Your argument would rely less on Heart of Atlanta than on Darby and similar cases--regulating employment practices of companies engaged in interstate commerce.

Your still should be doing CREAC (or at least REA) in these analysis. What is the rule you synthesize from all the cases, then apply that to whatever your factual situation is. Don't simply recite holdings, but figure out what the legal rules are (specific legal rules) that you can put together from these cases.