QUESTION: Under the substantial affects prong of Lopez, if the activity examined is neither economic or commercial, can we still examine it in the aggregate or must be examine it as an individual instance?
ANSWER: The Court says, in Lopez or Morrison (I forget which) (and I'm paraphrasing): "We have never upheld the regulation of an intrastate, noncommercial activity based on its aggregate effects on interstate commerce." That is obliquely worded. It is not saying conclusively that such effects can never be aggregated. But it is also the most logical inference, perhaps with a small escape hatch.