1. Among the cases discussed in class, the Supreme Court held for the first time in the case of __________________________________ (name the case) that the Commerce Clause allowed Congress to not only regulate interstate activity, but intrastate activity as well if that activity has a substantial effect on interstate commerce. (HINT: the court inGibbons v. Ogdendid not make this holding, it merely alluded the possibility. In other words, do not answerGibbons v. Ogden).
2. Using the rule fromBad Frog Bewery, Inc. v. New York, if there is a substantial government interest in restricting a particular form of commercial speech, and the restriction directly advances that government interest, it is nonetheless unconstitutional if it is__________________________
3. In the year 2000 (Pre-Gonzales v. Raich),Congress passes a law capping the amount of basil any person may legally grow in their herb garden.Stewart grows basil in excess of the cap and is brought up on federal criminal charges.The law is________

A. A constitutional exercise of Congress' authority under the commerce clause because invalidating the law would undercut Congress' ability to regulate the interstate market for basil

B. An unconstitutional overreach of Congress' power under the commerce clause because the law does not regulate any sort of economic enterprise

C. An unconstitutional overreach of Congress' power under the commerce clause because the law does not regulate roads, railroads, or navigable waterways

D. A constitutional exercise of Congress' authority under the commerce clause because is a regulation of an intrastate activity that in the aggregate has a substantial effect on interstate commerce