Utter Disregard for Precedent: Misconstruing Commerce Clause Precedent in United States v. Lopez, An
Likes, Steven Christopher
INTRODUCTION|In Gibbons v. Ogden, the United States Supreme Court issued one of the earliest interpretations of the Commerce Clause and held that only Congress possessed the power to regulate interstate commerce. Since the 1824 decision of Gibbons, the Supreme Court has recognized that Congress has the authority to regulate articles of commerce, instrumentalities that restrain the flow of commerce, and intrastate activities that substantially affect commerce. Following Gibbons, the regulation of intrastate activities proved to be a source of dispute between the legislative and the judicial branches, because the Court often interjected its own idea of what constituted commerce and struck down regulations that did not comport with its views...
29 Creighton L. Rev. 811 (1995-1996)
Creighton University School of Law