Congress passes the National Grain Safety Act, which forbids the shipment of grain in interstate or foreign commerce unless the grain is stored in containers that meet detailed federal safety standards. Jacob, a farmer who sells all of his grain to buyers within his own state and never ships it across state lines, is prosecuted under the Act. He challenges Congress's constitutional authority to enact the law.
Which enumerated power is the strongest constitutional basis for the National Grain Safety Act?
The power to regulate commerce with foreign nations and among the several states
The treaty power to implement international agreements
The power to attach conditions to federal spending programs
The power to regulate the times, places, and manner of federal elections
The Act regulates the channels and instrumentalities of interstate and foreign commerce, as well as activities that substantially affect interstate commerce, by imposing safety requirements on grain that will move (or could move) in commerce. Article I, Section 8, Clause 3-known as the Commerce Clause-expressly empowers Congress to regulate commerce "with foreign Nations, and among the several States, and with the Indian Tribes." Even purely intrastate transactions may be reached if Congress has a rational basis to conclude that the activity, taken in the aggregate, has a substantial effect on interstate commerce.
The other powers do not supply adequate authority. Congress's general spending power allows it to attach conditions to federal funds but does not itself authorize direct regulation backed by criminal penalties. The Treaty Power is limited to implementing valid treaties. The Elections Clause concerns regulation of federal elections, and the Property Clause pertains to federal lands and territories-neither relates to grain-safety standards imposed on private parties.
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