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Wednesday, November 02, 2005


Commerce Power Constrained

In class yesterday afternoon I think there was a question about whether there were decisions that constrained the commerce power. Here is a blog post at The Volokh Conspiracy that quotes a judge who thinks there must be some constraint:
"Judge Jones concluded her analysis by pointing out that:

Lopez reminds us forcefully that Congress's enumerated power over commerce must have some limits in order to maintain our federal system of government and preserve the states' traditional exercise of the police power. Section 922(o) is a purely criminal law, without any nexus to commercial activity, and its enforcement would intrude the federal police power into every village and remote enclave of this vast and diverse nation.

United States v. Kirk, 70 F.3d 791, 799, 802 (5th Cir. 1996) (Jones, J., dissenting)."

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