The commercial Constitution
Article Abstract:
Review of three 1994 US Supreme Court decisions invalidating state statutes for encumbering interstate commerce demonstrates that the Court's nondiscrimination analysis is not serving the rationales typically cited to justify Commerce Clause encroachment on state's rights. Economic efficiency, national unity and protection of out-of-state actors unrepresented in state government are the three dominant rationales. The Court's willingness to strike down all state regulation that appears to discriminate between in-state and out-of-state actors shows that the Court is committed to placing markets ahead of state's authority to regulate.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1995
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The value of seeing things differently: Boerne v. Flores and Congressional enforcement of the Bill of Rights
Article Abstract:
The US Supreme Court's 1997 decision in Boerne v. Flores, which declared the Religious Freedom Restoration Act (RFRA) unconstitutional, failed to recognize Fourteenth Amendment Congressional power to guarantee due process. The Court should have also recognized RFRA did not violate separation of powers, and did not allow Congress to intrude upon state sovereignty. RFRA allowed religious people to object to laws inhibiting religious practice.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1997
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Traffic stops, minority motorists, and the future of the Fourth Amendment
Article Abstract:
Four US Supreme Court cases decided in 1996 and 1997 involving traffic stops by police demonstrate a troubling unanimity in Court opinion and insensitivity to practical experiences of minority drivers. The decisions favor interests of law enforcement over doctrinal legitimacy. The purported standard of "reasonableness in all circumstances" in fact rejects many circumstances that involve minorities.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1997
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