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Technology has nothing to do with it. Activity that does not involve trade is not commercial. Trade that does not cross state lines is not inter-state. Non-comm
by dreamdu5t 14y ago
Technology has nothing to do with it. Activity that does not involve trade is not commercial. Trade that does not cross state lines is not inter-state. Non-commercial (no selling, no trading) private activity that never leaves your property is not interstate commerce. The sky is still blue even if the Supreme Court says it is yellow.
- gamblor956 14y agoCommercial activity does not require trade. Otherwise, professional services such as accounting or law would not be commercial activities since no "trade" actually occurs. Commercial activity simply requires an intent to achieve a net economic benefit position (i.e., profit) through an activity. Moreover, trade that does not cross state lines can be interstate. For example--you make good Widget that you sell nationwide. I decide in State X that I want to make and sell Widget as well. (Patent, etc. are not a concern in this hypothetical). My sale in State X of widget necessarily affects your interstate sale of the same widget: every widget that I sell in State X is one less that you might sell, which means one more widget is available in other states, altering the normal supply/demand considerations. (I'm not just pulling this out of my ass, this is the actual logic set forth in the SCOTUS cases.)
- dreamdu5t 14y ago> professional services such as accounting or law You have to trade something in return for those services. Almost always that something is money. If a lawyer represents me for nothing in return - then no trade took place, it would be a gift.