American political culture and the failures of process federalism

Harvard Journal of Law and Public Policy

Volumn 22, Issue 1, 1998, Pages

  Marshall, William ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0041731485     PISSN: 01934872     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (5)

1. 514 U.S. 549 (1995). In Lopez, the Supreme Court invalidated the Gun-Free School Zones Act of 1990, Pub. L. No. 101-647, 104 Stat. 4789, 4844 (codified at 18 U.S.C. § 922 (1994)), as an ultra vires exercise of congressional authority under the Commerce Clause. See id. at 551. The Act had made it a federal crime to possess a firearm within 1000 feet of a school. See 18 U.S.C. § 922(q)(2)(A) (1994 and Supp. II 1996).
2. For a broad collection of views on the possible implications of Lopez, see Symposium, Reflections on United States v. Lopez, 94 MICH. L. REV. 533 (1995). Particularly useful articles include Steven G. Calabresi, "A Government of Limited and Enumerated Powers:" In Defense of United States v. Lopez, id. at 752 (arguing that Lopez "marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers" and that "the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event"); Deborah Jones Merritt, Commerce!, id. at 674 (claiming that the principles of Lopez could significantly rework the Supreme Court's Commerce Clause jurisprudence, but that the Court is unlikely to expand Lopez by striking down other congressional statutes); H. Jefferson Powell, Enumerated Means and Unlimited Ends, id. at 651, 651-52 (predicting that the main effect of Lopez is very likely to be nothing more than a renewed congressional interest in loading federal criminal statutes with findings and "jurisdictional element[s] in order to demonstrate the close link between what Congress wishes to regulate and 'Commerce...among the several States'").
3. For a broad collection of views on the possible implications of Lopez, see Symposium, Reflections on United States v. Lopez, 94 MICH. L. REV. 533 (1995). Particularly useful articles include Steven G. Calabresi, "A Government of Limited and Enumerated Powers:" In Defense of United States v. Lopez, id. at 752 (arguing that Lopez "marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers" and that "the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event"); Deborah Jones Merritt, Commerce!, id. at 674 (claiming that the principles of Lopez could significantly rework the Supreme Court's Commerce Clause jurisprudence, but that the Court is unlikely to expand Lopez by striking down other congressional statutes); H. Jefferson Powell, Enumerated Means and Unlimited Ends, id. at 651, 651-52 (predicting that the main effect of Lopez is very likely to be nothing more than a renewed congressional interest in loading federal criminal statutes with findings and "jurisdictional element[s] in order to demonstrate the close link between what Congress wishes to regulate and 'Commerce...among the several States'").
4. For a broad collection of views on the possible implications of Lopez, see Symposium, Reflections on United States v. Lopez, 94 MICH. L. REV. 533 (1995). Particularly useful articles include Steven G. Calabresi, "A Government of Limited and Enumerated Powers:" In Defense of United States v. Lopez, id. at 752 (arguing that Lopez "marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers" and that "the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event"); Deborah Jones Merritt, Commerce!, id. at 674 (claiming that the principles of Lopez could significantly rework the Supreme Court's Commerce Clause jurisprudence, but that the Court is unlikely to expand Lopez by striking down other congressional statutes); H. Jefferson Powell, Enumerated Means and Unlimited Ends, id. at 651, 651-52 (predicting that the main effect of Lopez is very likely to be nothing more than a renewed congressional interest in loading federal criminal statutes with findings and "jurisdictional element[s] in order to demonstrate the close link between what Congress wishes to regulate and 'Commerce...among the several States'").
5. For a broad collection of views on the possible implications of Lopez, see Symposium, Reflections on United States v. Lopez, 94 MICH. L. REV. 533 (1995). Particularly useful articles include Steven G. Calabresi, "A Government of Limited and Enumerated Powers:" In Defense of United States v. Lopez, id. at 752 (arguing that Lopez "marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers" and that "the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event"); Deborah Jones Merritt, Commerce!, id. at 674 (claiming that the principles of Lopez could significantly rework the Supreme Court's Commerce Clause jurisprudence, but that the Court is unlikely to expand Lopez by striking down other congressional statutes); H. Jefferson Powell, Enumerated Means and Unlimited Ends, id. at 651, 651-52 (predicting that the main effect of Lopez is very likely to be nothing more than a renewed congressional interest in loading federal criminal statutes with findings and "jurisdictional element[s] in order to demonstrate the close link between what Congress wishes to regulate and 'Commerce...among the several States'").