The Jurisdiction Element of 18 U.S.C. § 844(i): A Federal Criminal Commerce Clause Statute

Historically, the Supreme Court has adopted a passive role in reviewing those federal criminal statutes enacted under the commerce power.3 In May 1995, however, the Supreme Court, in United States v. Lopez, 4 overturned a criminal Commerce Clause 5 statute as beyond the reach of congressional authority.The abrupt change of stance 6 and the slim majority 7 makes Lopez's ramifications uncertain.8 In addition, the bold holding draws attention away from a pivotal, yet more subtle debate over federal criminal Commerce Clause jurisdiction, which has been brewing for a quarter century.9 This debate may prove to be another avenue of assault on the previously unassailable Commerce Power. See