Commerce!(Reflections on United States v. Lopez)

From: Michigan Law Review | Date: December 1, 1995| Author: Merritt, Deborah Jones | Copyright information

The US Supreme Court's ruling in United States v. Lopez is unlikely to have a significant impact on Congress' power to regulate, but principles stated in the decision do identify limits on congressional authority under the Commerce Clause. The decision limits commerce power to activities that substantially affect interstate commerce, it asserts the willingness to engage in judicial review and it claims bounds on federal power. The Lopez decision should be interpreted narrowly based on its fac...

Related newspaper, magazine, and journal articles from HighBeam Research

Defending Competitive Neutrality Before the Supreme Court
Special Report - Tax Foundation ; Kentucky Department of Revenue v. Davis, U.S. Supreme Court No. 06-666 On November 5, 2007, the U.S. Supreme Court heard oral arguments in a case brought by George and Catherine Davis, a Kentucky couple challenging that state's income tax exclusion for municipal bond interest. They argue that
The right results for all the wrong reasons: An historical and functional analysis of the Commerce Clause
Vanderbilt Law Review ; I. INTRODUCTION The powers delegated to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce The powers reserved to
SUPREME COURT NOMINATION:CAROL M. BROWNER
Congressional Testimony ; Congressional Testimony 09-15-2005 Statement of Carol M. Browner Former Administrator, U.S. Environmental Protection Agency Committee on Senate Judiciary September 15, 2005 Mr. Chairman, Senator Leahy, Members of the Committee: Thank you for the opportunity to appear here today. The Supreme Court
Muddle At The Supreme Court Over Medical Marijuana
Atlanta Inquirer ; Atlanta Inquirer 07-09-2005 When the U.S. Supreme Court ruled against medical-marijuana users, many critics of the decision thought the six-justice majority failed to show compassion for severely ill people. But the Supreme Court doesn't sit to dispense compassion. It's supposed to ensure that
Congress has perverted 'Commerce Clause'
Deseret News (Salt Lake City) ; ... wheat he would have had to purchase wheat -- therefore, he was indirectly affecting interstate commerce. If there's any good news, it's the tiny step the U.S. Supreme Court took in its U.S. vs. Lopez (1995) ruling. In 1990, Congress passed the Gun-Free School ...