Lopez, wherein Rehnquist goes over the past 60 years of
There are some limits on both of these decisions, but they are vague and usually can be gotten around with clever drafting showing the bill to be part of the proper use of the Commerce clause. Wickard, for instance, was a Dairy farmer who grew 25 tons of wheat rather than pay the controlled price of wheat for his dairy farm, which was also regulated by federal law. Gonzales, on the other hand, was considered to be affecting what was necessary to be able to actually enforce their proper commerce power of regulation of drugs. However, some people feel the logic gets very tortured quickly and grants the Federal Government a general police power, which it is explicitly not given. A prime example of the „tortured logic“ is poor Chief Justice Rehnquist’s decision in United States v. Lopez, wherein Rehnquist goes over the past 60 years of Commerce Clause rulings, trying to incorporate them into a coherent whole. He came up with the somewhat questionable ruling that all the subjects of the Commerce Clause had, hitherto, dealt https://www.smilehandbag.com with „economic matters,“ and that since gun control in school zones was not inherently related to economic matters, this was unconstitutional. Congress quickly decided to limit the Gun Free School Zones act to guns that had arrived via interstate commerce which is virtually all guns, since most guns are produced outside of the state in which they are purchased, and even if they are purchased in the state of manufacture, most are also made out of materials that had crossed state lines. Congress can’t make a law that requires someone to buy a particular item). This was a major issue of the ACA decision, as those against it argued that mandating someone buy healthcare was compelling commerce, whereas those for it argued that it was a valid use of the commerce clause (and above all else, that it wasn’t a tax). The Supreme Court’s decision struck down the use of the Commerce Clause as a defense, but did note that the law as written was a tax despite not using the dreaded „T“ word, which allowed the law to stand because Congress does have the power to levy taxes.
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