Monsanto v. Durnell · ¶88

First, the Act likely exceeds Congress's authority under the Commerce Clause, which authorizes Congress to regulate “Commerce . . . among the several States.” Art. I, § 8, cl. 3. This power allows Congress to regulate “selling, buying, and bartering” across state lines. United States v. Lopez, 514 U. S. 549, 585 (1995) (Thomas, J., concurring). It does not allow Congress to regulate “agriculture” or “manufacturing,” activities entirely “separate” from “commerce.” Id., at 586.

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