When a federal statute is being challenged, apply the Commerce Clause rules.

From the opinion in United States v. Lopez, the three activities that congress can regulate under the Commerce Clause are: 1. The channels of interstate commerce 2. The instrumentalities of interstate commerce 3. Activities that have a substantial effect on interstate commerce a. The test is whether the court had a rational basis for congress to believe that the activity has or will substantially affect interstate commerce.

The Court reasoned that if Congress could regulate something so far removed from commerce, then it could regulate anything, and since the Constitution clearly creates Congress as a body with enumerated powers, this could not be so. Rehnquist concluded:
i. To uphold the Government's contentions here, we have

to pile inference upon inference in a manner that would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States.
E.C. Knight Power of a state to protect the lives, health, and property of its citizens, and to preserve good order and the public morals, the power to govern men and things within the limits of its dominion. Limitations on Commerce Clause Congress may regulate activities solely within a state may be regulated so long as they have a close and substantial relation to interstate commerce (Shreveport Rate cases)

Congress can regulate the hours and wages of workers who produce goods that will enter interstate commerce. Congress can exclude from interstate commerce articles which deteriorates the health, welfare and morals of the nation. Congress has plenary power to regulate anything that affects interstate commerce.