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Commerce Clause: Congress' Commerce Clause
built 607 days ago
As the history of the Commerce Clause in the early years of the Union would suggest, the Marshall Court did not address the Clause very often. In fact, only one Commerce Clause case and one case concerning the Necessary and Proper Clause bear discussion. Both reveal a limited conception of Congress's powers, in keeping with the original understanding.
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Exploring the Constitution, Part 9: Regulating Interstate Commerce; the Lopez Case - Americans should pray that the Supreme Court's decision in the Lopez case signals a turn toward curbing Congress' abuse of the commerce clause. Then they should work to replace those in Congress who continue the abuse.
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What is refreshing about the recent Lopez case is that five justices were able to say that something could exceed the scope of the commerce clause. Despite the government's strained argument that guns in schools degrade education and hence economic performance and interstate commerce, the majority said a federal prohibition on such possession is beyond Congress's enumerated powers.
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Proponents of Federal intervention have argued that the clause should be interpreted broadly, to permit everything related to commerce (essentially everything). The proponents were victorious for a long time, as the court continually expanded Congress's authority.
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Congress' Commerce Clause