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1997•Case Western Reserve University School of Law Scholarly Commons (Case Western Reserve University)Open access

Federal Power and Federalism: A Theory of Commerce-Clause Based Regulation of Traditionally State Crimes

Harry Litman, Mark D. Greenberg

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Abstract

Perhaps no legal topic has generated more scholarly discussion in the last two years than the meaning of the Supreme Court's decision in United States v. Lopez.! To many legal thinkers, the decision-the first since the New Deal to reject an attempted exercise of the commerce power-appeared to undermine long held assumptions about the commerce power, along with the validity of a wide range of criminal, social, and environmental statutes that rest on that power. 2 Some commentators, grouping Lopez with the t This Article is adapted from an address presented at the Symposium, The New Federalism After United States v. Lopez, Case Western Reserve School of Law (Nov.

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Perhaps no legal topic has generated more scholarly discussion in the last two years than the meaning of the Supreme Court's decision in United States v. Lopez.! To many legal thinkers, the decision-the first since the New Deal to reject an attempted exercise of the commerce power-appeared to undermine long held assumptions about the commerce power, along with the validity of a wide range of criminal, social, and environmental statutes that rest on that power. 2 Some commentators, grouping Lopez with the t This Article is adapted from an address presented at the Symposium, The New Federalism After United States v. Lopez, Case Western Reserve School of Law (Nov.

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Available abstract

Perhaps no legal topic has generated more scholarly discussion in the last two years than the meaning of the Supreme Court's decision in United States v. Lopez.! To many legal thinkers, the decision-the first since the New Deal to reject an attempted exercise of the commerce power-appeared to undermine long held assumptions about the commerce power, along with the validity of a wide range of criminal, social, and environmental statutes that rest on that power. 2 Some commentators, grouping Lopez with the t This Article is adapted from an address presented at the Symposium, The New Federalism After United States v. Lopez, Case Western Reserve School of Law (Nov.

Key concepts: Commerce Clause, Federalism, Dormant Commerce Clause, State (computer science), Law and economics, Power (physics), Political science, Economics

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