3.        (Lottery case) (Court upheld the Constitutionality of the Federal Lottery Act.  This Act outlawed carrying lottery tickets across state lines.)

i.  Majority concluded that lotteries were “evil” and it was OK to regulate in this situation because they were just regulating INTERSTATE shipment of evil articles.

ii.  Dissent-Congress cannot use Commerce Clause powers to prohibit noncommercial activities.  ONLY Commerce can be regulated.  Lottery tickets are not objects of commerce.  Dissent objected to the implication that something could become an object of nat’l regulation the moment it is taken to be transported from place to place.