bripat9643
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- Apr 1, 2011
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The Rehnquist Court's Commerce Clause jurisprudence restored limits to the Interstate Commerce Clause that were removed in post-New Deal decisions, based primarily on concerns of federalism and Congress encroaching on the Several States' Police Powers. It upheld Congress's plenary authority to legislate in Indian affairs that was derived from the Worcester decision's interpretation of the Indian Commerce Clause, but modified Worcester by giving the several states some jurisdiction over Indian affairs beyond what had been granted to them by Congress. Another view is that the Court was compelled to define limits to address Congressional legislation which sought to use the Interstate Commerce Clause power in new and unprecedented ways
Commerce Clause - Wikipedia, the free encyclopedia
Thus the federal government did not have the power to regulate relatively unrelated things such as the possession of firearms near schools, as in Lopez. This was the first time in sixty years, since the conflict with President Roosevelt in 1936–37, that the Court had overturned a putative regulation on interstate commerce because it exceeded Congress's commerce power. Justice Clarence Thomas, in a separate concurring opinion, argued that allowing Congress to regulate intrastate, noncommercial activity under the Commerce Clause would confer on Congress a general “police power” over the entire nation.
The Lopez decision was clarified in United States v. Morrison, 529 U.S. 598 (2000), in which the Supreme Court invalidated § 40302 of the Violence Against Women Act ("VAWA"). The VAWA created civil liability for the commission of a gender-based violent crime, but without any jurisdictional requirement of a connection to Interstate Commerce or commercial activity. 42 U.S.C. § 13981(c). Once again, the Court was presented with a Congressional attempt to criminalize traditional local criminal conduct. As in Lopez, it could not be argued that State regulation alone would be ineffective to protect the aggregate impacts of local violence. The Court explained that in both Lopez and Morrison "the noneconomic, criminal nature of the conduct at issue was central to our decision." Furthermore, the Court pointed out that in neither case was there an " 'express jurisdictional element which might limit its reach (to those instances that) have an explicit connection with or effect on interstate commerce.' " Id. at 1751. In both cases, Congress criminalized activity that was not commercial in nature without including a jurisdictional element establishing the necessary connection between the criminalized activity and Interstate Commerce.
The Court found in Seminole Tribe v. Florida, 517 U.S. 44 (1996) that, unlike the Fourteenth Amendment, the Commerce Clause does not give the federal government the power to abrogate the sovereign immunity of the states.
Rare examples. The flood of new regulation issued by the Obama administration and the fire hose of deficit spending overwhelm any such successes.