# MEE Constitutional Law

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What are the 3 types of regulations congress may enact under the Commerce Clause
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Terms in this set (23)
Threshold: Whether the regulated activity is economic or commercial in nature.
Court will uphold congressional regulation of economic or commercial activity IF congress had a rational basis for concluding that the class of activities, in the aggregate, has a substantial effect on interstate commerce.

NOTE: this is an easy standard to meet. However, IF NOT commercial/economic, courts will NOT aggregate to find substantial effect and standard becomes extremely difficult to meet.
The exaction is NOT a taking if:
1) there is an "essential nexus" between the "public need or burden" to which the proposed development contributes and the condition exacted.
2) the government makes "some sort of individualized determination" that it is roughly proportional, both in nature and extent of the impact.