The reemergence of the Commerce Clause as a limit on federal power: United States v. Lopez
Article Abstract:
The US Supreme Court ruled in United States v. Lopez that only intrastate activities which have a substantial impact on interstate commerce are subject to federal regulation. Lopez regarded federal regulation of a non-commercial activity, that of carrying guns on campus in violation of the Gun-Free School Zones Act. The majority in this case indicated they might be willing to forbid categorically regulating such intrastate activity. The Lopez case marks the revival of federalism.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1995
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The Dormant Commerce Clause and the interstate shipment of waste
Article Abstract:
The US Supreme Court in Fort Gratiot Sanitary Landfill v Michigan Dept of Natural Resources applied the Dormant Commerce Clause, which forbids states from withdrawing from the national market, to reject a state law restricting the importation of waste. Under strict scrutiny, the state was unable to justify its discrimination against interstate commerce. The decision should promote cooperation among states to solve the problem of waste disposal.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1993
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Toward a more coherent dormant commerce clause: a proposed unitary framework
Article Abstract:
A unitary framework for the dormant-commerce-clause principles articulated by the US Supreme Court and leading scholarly works should answer two questions, whether the state statute at issue has a legitimate state purpose and, if so, whether the statute on interstate commerce so outweighs the state statute that the latter must be struck down. Such a unitary framework would simplify the consideration of pending and prospective cases.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1998
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