2003•eYLS (Yale Law School)Open access

The Possibility of Pretext Analysis in Commerce Clause Adjudication

Gil Seinfeld

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Abstract

The federal government has passed three laws. One prohibits restaurant owners from discriminating on the basis of race, one prohibits the possession of a firearm within 1000 feet of a school zone, and one creates a civil remedy, enforceable in federal court, for victims of gender-motivated violence. Question: The justifications offered by the federal government for these provisions have been rooted in what constitutional value? Answers: Commerce; Commerce; Commerce.

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The federal government has passed three laws. One prohibits restaurant owners from discriminating on the basis of race, one prohibits the possession of a firearm within 1000 feet of a school zone, and one creates a civil remedy, enforceable in federal court, for victims of gender-motivated violence. Question: The justifications offered by the federal government for these provisions have been rooted in what constitutional value? Answers: Commerce; Commerce; Commerce.

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Available abstract

The federal government has passed three laws. One prohibits restaurant owners from discriminating on the basis of race, one prohibits the possession of a firearm within 1000 feet of a school zone, and one creates a civil remedy, enforceable in federal court, for victims of gender-motivated violence. Question: The justifications offered by the federal government for these provisions have been rooted in what constitutional value? Answers: Commerce; Commerce; Commerce.

Key concepts: Pretext, Adjudication, Law, Commerce Clause, Dormant Commerce Clause, Political science, Business, Supreme court

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