Conditional federal spending after Lopez

Article Abstract:

The US Supreme Court Lopez decision, which curbed Congress's use of the Commerce Clause by declaring the Gun-Free Zones Act invalid, should be reconciled with the Dole case and the Spending Clause Doctrine, which allow Congress' use of conditional federal funding offers to regulate the states. A better test, derived from the unconstitutional conditions doctrine, would be to declare as invalid those offers of conditional federal funds designed to allow congressional regulation of states in ways not directly authorized, unless Congress can show such offers to be reimbursement rather than regulatory spending.

Interpretation and construction, Cases, Constitutional law, Constitutional interpretation, Intergovernmental fiscal relations, Legislative power, states

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Gender-motivated violence and the Commerce Clause: the civil rights provision of the Violence Against Women Act after Lopez

Article Abstract:

The US Supreme Court's limitation of Congress' Commerce Clause power expressed in United States v. Lopez is not likely to invalidate the civil rights provisions of the Violence Against Women Act because Congressional hearings established a link between discriminatory violence against women and interstate commerce. The statute at issue in Lopez, the Gun-Free School Zones Act, did not have as strong a connection to interstate commerce. Another Commerce Clause test, regulation of persons in interstate commerce, could also be used to uphold the constitutionality of the provisions.

Women, Crimes against, Civil rights, U.S. Const. art. 1, s. 8, cl. 3

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Judicial restraint and constitutional federalism: the Supreme Court's Lopez and Seminole Tribe decisions

Article Abstract:

The US Supreme Court's rulings in United States v. Lopez and Seminole Tribe v. Florida demonstrate that the Court is failing to show adequate deference to the Congress and the legislative process. The use of public choice theory by the Court to strike down federal regulations is not valid because public choice does not necessarily support deregulation. The Court appears to be positioning itself to further attack Congressional authority. The Court should focus on true constitutional infirmities and leave economic and political decision-making to legislative bodies.

Influence, Political aspects, Judicial activism, Social choice

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