Commerce Clause

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Congress can only act using powers enumerated in the U.S. Constitution. Moreover, the Tenth Amendment reserves to states those powers not specifically granted to Congress, nor denied to the states. The Commerce Clause, however, vests theoretically broad authority in Congress to pursue legislative reforms addressing a wide range of matters. Between 1937 and 1995, the Supreme Court developed an exceptionally expansive view of the Commerce Clause. In fact, no federal laws were found to violate Congress’s commerce power during this period. The judicial approach to the constitutionality of administrative law is greatly impacted by the Supreme Court’s use of the Commerce Clause. Given the history of the Supreme Court’s interpretation of this clause, do you think it would be difficult moving forward to predict the legality of certain federals laws?

Select a case in which a public policy was affected and the Commerce Clause was used to resolve a conflict between federal and state laws.

Provide a summary of the case you selected. Describe the holding in the case and the public policy that was affected. Explain the short-term and long-term impact of the use of the Commerce Clause in this case. Provide the Bluebook citation for all cases and/or statutes.

Note: Include an in-text Bluebook citation, if referencing cases, as well as a citation in the reference list.

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