U.S. V Mccoy Legal Brief

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In doing so, the Court set forth the four questions: Is the prohibited activity of a commercial or economic nature? Is the connection between the prohibited activity and interstate commerce too narrow to allow the exercise of the Commerce Clause power? Does the statute contain an “express jurisdictional element” intended to satisfy Commerce Clause requirements? Do congressional findings exist to support a connection between the prohibited conduct and interstate commerce? Applying these factors, the Court concluded that intrastate violence against women does not “substantially affect” interstate commerce, and thus the enactment of §13981 was not a constitutional exercise of congressional Commerce Clause power...
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As stated earlier, it is Morrison that we will use to control our decision. B. Regulation of Commerce or Economic Activity While not contending the presence of a vast interstate commercial child pornography market, McCoy argues that the simple intrastate possession of a homemade sexually explicit picture of a child, with no intent to distribute interstate or by commercial means, is not deemed to be commercial or economic activity...
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