1996•Mitchell Hamline Open Access (Hamline University)Open access

Lopez and Federalism

Russell Pannier

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Abstract

That in United States v. Lopez' the Supreme Court of the United States modified the law of the Interstate Commerce Clause is obvious. 2 Exactly to what extent the Court modified it is not.But interpretive questions about Lopez aside, others are more fundamental.Should the law of the Interstate Commerce Clause as it existed prior to Lopez have been changed at all?If so, how?This article attempts two things.First, it distinguishes alternative interpretations of Lopez and discusses its implications for the future.Second, it argues that the law of the Interstate Commerce Clause as it existed before Lopez cannot be justified and that, however Lopez itself is best interpreted, it does not take us far enough in the right direction-that of becoming a federalist republic once again.II.

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That in United States v. Lopez' the Supreme Court of the United States modified the law of the Interstate Commerce Clause is obvious. 2 Exactly to what extent the Court modified it is not.But interpretive questions about Lopez aside, others are more fundamental.Should the law of the Interstate Commerce Clause as it existed prior to Lopez have been changed at all?If so, how?This article attempts two things.First, it distinguishes alternative interpretations of Lopez and discusses its implications for the future.Second, it argues that the law of the Interstate Commerce Clause as it existed before Lopez cannot be justified and that, however Lopez itself is best interpreted, it does not take us far enough in the right direction-that of becoming a federalist republic once again.II.

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That in United States v. Lopez' the Supreme Court of the United States modified the law of the Interstate Commerce Clause is obvious. 2 Exactly to what extent the Court modified it is not.But interpretive questions about Lopez aside, others are more fundamental.Should the law of the Interstate Commerce Clause as it existed prior to Lopez have been changed at all?If so, how?This article attempts two things.First, it distinguishes alternative interpretations of Lopez and discusses its implications for the future.Second, it argues that the law of the Interstate Commerce Clause as it existed before Lopez cannot be justified and that, however Lopez itself is best interpreted, it does not take us far enough in the right direction-that of becoming a federalist republic once again.II.

Key concepts: Federalism, Law and economics, Political science, Law, Business, Economics, Politics

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