Reno v. Condon, 528 U.S. 141, 8 (2000)

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148

RENO v. CONDON

Opinion of the Court

ciples of federalism. See 155 F. 3d 453 (1998). We granted certiorari, 526 U. S. 1111 (1999), and now reverse.

We of course begin with the time-honored presumption that the DPPA is a "constitutional exercise of legislative power." Close v. Glenwood Cemetery, 107 U. S. 466, 475 (1883); see also INS v. Chadha, 462 U. S. 919, 944 (1983).

The United States asserts that the DPPA is a proper exercise of Congress' authority to regulate interstate commerce under the Commerce Clause, U. S. Const., Art. I, § 8, cl. 3.2 The United States bases its Commerce Clause argument on the fact that the personal, identifying information that the DPPA regulates is a "thin[g] in interstate commerce," and that the sale or release of that information in interstate commerce is therefore a proper subject of congressional regulation. United States v. Lopez, 514 U. S. 549, 558-559 (1995). We agree with the United States' contention. The motor vehicle information which the States have historically sold is used by insurers, manufacturers, direct marketers, and others engaged in interstate commerce to contact drivers with customized solicitations. The information is also used in the stream of interstate commerce by various public and private entities for matters related to interstate motoring. Because drivers' information is, in this context, an article of commerce, its sale or release into the interstate stream of business is sufficient to support congressional regulation. We therefore need not address the Government's alternative argument that the States' individual, intrastate activities in gathering, maintaining, and distributing drivers' personal

2 In the lower courts, the United States also asserted that the DPPA was lawfully enacted pursuant to Congress' power under § 5 of the Fourteenth Amendment. See 155 F. 3d 453, 463-465 (1998); 972 F. Supp. 977-979, 986-992 (1997). The District Court and Court of Appeals rejected that argument. See 155 F. 3d, at 465; 972 F. Supp., at 992. The United States' petition for certiorari and briefs to this Court do not address the § 5 issue and, at oral argument, the Solicitor General expressly disavowed any reliance on it.

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