Congress's Power Under the Commerce Clause: The Impact of Recent Court Decisions
Todd B. Tatelman
Abstract
Open-access reader
Todd B. Tatelman
Abstract
Open-access reader
This report will first review the current Supreme Court case law with respect to the Commerce Clause. Second, it will examine the analysis used and the results of the three lower court opinions. Finally, two areas of tension that appear to exist within the Court’s jurisprudence, and the potential implications that resolution of these conflicts may have on congressional power under the Commerce Clause will be examined.
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This report will first review the current Supreme Court case law with respect to the Commerce Clause. Second, it will examine the analysis used and the results of the three lower court opinions. Finally, two areas of tension that appear to exist within the Court’s jurisprudence, and the potential implications that resolution of these conflicts may have on congressional power under the Commerce Clause will be examined.
Key concepts: Supreme court, Dormant Commerce Clause, Commerce Clause, Jurisprudence, Law, Political science, Free Exercise Clause, Establishment Clause