An Introduction to Crime & Federalism
Federalism as Individual Right

The Aggregate Affects Test and Due Process

Why doesn't it, in the context of criminal laws, violate due process for the courts to apply the aggregate affects test to criminal statutes enacted pursuant to the Commerce Clause? If one can't be punished for the crimes of others, then how can one's offense conduct - which by itself would not have any effect on interstate commerce - be aggregated with that of others. In effect this punishes one for the acts of all others?

After all, enacting a crime is a necessary antecedent to punishment.  Thus, isn't reaching A's conduct, which is possible only by aggregatinv B-Z's conduct, the same as punishing A for B-Z's acts?    

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