 The Hobbs Act , the Travel Act , and the Racketeer Influenced and Corrupt Organizations Act ( RICO ) have been upheld under the Commerce Clause . The mail fraud statute has been justified under the Postal Clause . In Sabri v. United States ( 2004 ) , the Supreme Court upheld the constitutionality of the program bribery statute , 18 U.S.C. § 666 , under the Spending Clause ( with Justice Clarence Thomas citing the Commerce Clause in concurrence ) . Prior to Sabri , several circuit courts had already so held . 
