Translating federalism: United States v. Lopez
Article Abstract:
The US Supreme Court's decision in United States v. Lopez was the first time in 60 years that the Court imposed a limit on Congress' authority under the Commerce Clause, but it does not signal a radical shift in the Court's interpretation of federalism. The decision departs from the textualist interpretation of the clause, but it does so only to the extent necessary to maintain fidelity to the Court's understanding of the commerce power. The ruling acknowledges the widely known fact that the power Congress exercises over commerce far exceeds that contemplated by the Constitution's drafters.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Ashwander revisited
Article Abstract:
The US Supreme Court's ruling in United States v. X-Citement Video, Inc. regarding the amended Protection of Children Against Sexual Exploitation Act of 1977 demonstrates the costs imposed by adherence to judicial review principles expressed in Ashwander v. Tennessee Valley Authority. Ashwander establishes that the Court should avoid ruling on constitutional grounds when other statutory interpretations would be dispositive. Non-constitutional statutory construction is not necessarily more deferential and less intrusive a judicial task than is constitutional review.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
The constitutional principle of separation of powers
Article Abstract:
The US Supreme Court treats the separation of powers issue in two ways, formally or functionally, depending on the circumstances. In two cases decided in 1991, Metropolitan Washington Airports Authority v Citizens for the Abatement of Aircraft Noise Inc and Freytag v Commissioner , the court used each approach. A better method would be to apply a minimalist approach that restricts government to the three branches, and makes each office responsible to only one branch.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1991
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Antitrust and regulatory federalism: races up, down, and sideways. Corporate governance lessons from Russian enterprise fiascoes
- Abstracts: Reconciling diverse authorities on sales of remainder interests. The Uniform Disclaimer of Property Interests Act: opportunities and pitfalls
- Abstracts: Storm over Niagara: a catalyst in reshaping government in the United States and Canada during the Progressive Era
- Abstracts: Planning for Educational Benefits after the Greensboro Case. Excluding Qualified Defined Benefit Plan Insured Incidental Death Benefits from the Participant's Gross Estate - Minority and Non-Stockholders
- Abstracts: Assessing the fallout: Paramount Communications, Inc. v. Time, Inc. and Delaware's Unocal standard of review