LYCOS RETRIEVER 
Commerce Clause
built 636 days ago
Are the confirmation hearings of Judge John Roberts going to center on the Commerce Clause and not on abortion and gun control like most people expect? In an editorial in this morning's Wall Street Journal it is deftly pointed out that in Rancho Viejo v. Gale Norton the circuit court judge wrote the ruling:
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With respect to criminal law, although modern Commerce Clause jurisprudence often requires applying old standards to new situations, some situations will never suitably fit a particular standard. Most crime was and is local or noncommercial or both, and therefore Congress's ability to regulate crime under the commerce power should be rather limited.
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What baffled many conservatives was the concurring opinion by one Antonin Scalia, who sided with big government against a sane interpretation of the Commerce Clause. It was a surprising vote for the justice who once edited the deregulation-inclined Regulation Magazine (now published by the Cato Institute).
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Commerce Clause