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.

Analysis, Federalism

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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.

Judicial review, Child pornography

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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.

Separation of powers

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