What Isn't Commerce?

After the New Deal and the major cases about Title II of the Civil Rights Act of 1964, there was an open question about the limits of congressional power under the Commerce Clause. The first cases after Wickard v. Filburn (1942) to hold acts of Congress unconstitutional under the Commerce Clause were United States v. Lopez (1995) Morrison v. United States (2000). Together with Gonzalez v. Raich (2005), these three cases put a distinctive mark on the Rehnquist Court's Commerce Clause jurisprudence and set up the more recent constitutional debate about the Individual Mandate provision in the Affordable Care Act.