Legal Question in Constitutional Law in California
Commerce clause
Does anyone know of any cite that states that banks that issue credit nationwide are using instrumentalities of interstate commerce? Anything that states that issuing credit puts the Commerce Clause into play is fine. I can't find any civil cases, only criminal.
2 Answers from Attorneys
Re: Commerce clause
I have no idea why this information would be useful to you, but yes, banks (most of which are national banks regulated by the Office of the Comptroller of the Currency under the National Bank Act) operate in interstate commerce. Growing tomatoes in your backyard is interstate commerce according to the Supreme Court.
Re: Commerce clause
The commerce clause, "dormant" commerce clause and national bank act may be a good starting point for your research herein. It sounds like you may be trying to challenge the authority of ANY bank to be able to issue credit in the first place rather than actual loans. we could be wrong here, but we have fielded many similar questions regarding such. anyway, the commerce clause/dormant commerce clause virtually can regulate anything and everything that is even remotely tied into interstate commerce period, unless declared unconstitutional in rare instances. it is congress' supreme power clause and the justifications for some of its use are almost laughable on some occasions. however, nevertheless, congress can use this clause for almost anything and everything it wants to regulate. finally, there are not necessarily specific provisions or cases you can find for what you seek here, but congress will use this clause very liberally whether its possible, whether the power is express or implied in this clause. hope this helps.
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