Editing Commerce Clause (section)

==== Substantial impact on interstate commerce ====
The substantial impact (or substantial affect) category relates to the power discussed in the Court's 1942 decision in ''Wickard v. Filburn''. It is arguably the strongest categorical power in the ''Lopez'' rule.<ref name=":2" /> In essence, it relates to economic activities which, in the aggregate, have a substantial impact on interstate commerce.<ref name=":2" /> The Court has stopped short of establishing a rule prohibiting the aggregation of all non-economic activity.<ref name=":2" />

In determining whether the activity Congress is attempting to regulate has a substantial effect on interstate commerce, reviewing courts typically consider the following factors:<ref>''United States v. Stewart'', 348 F.3d 1132, 1136-37 (9th Cir. 2003)(citing Morrison, 529 U.S. at 610-12).</ref> <blockquote>(1) whether the regulated activity is commercial or economic in nature; (2) whether an express jurisdictional element is provided in the statute to limit its reach; (3) whether Congress made express findings about the effects of the proscribed activity on interstate commerce; and (4) whether the link between the prohibited activity and the effect on interstate commerce is attenuated.</blockquote>