The Proper Meaning of “Proper”: Why the Regulation ofIntrastate, Non-CommercialSpecies Under the Endangered Species Act Is an Invalid Exercise of the Commerce Clause

This Note argues that the ESA‘s regulation of purely intrastate, non- commercial species is an invalid exercise of the Commerce Clause. Reviewing courts have reached the opposite conclusion via two doctrinal avenues: (1) by finding that the species in question bore “a substantial relation to interstate commerce” in satisfaction of the Court‘s framework set forthContinue reading “The Proper Meaning of “Proper”: Why the Regulation ofIntrastate, Non-CommercialSpecies Under the Endangered Species Act Is an Invalid Exercise of the Commerce Clause”