Board 8 > Should the Supreme Court strictly limit the Commerce Clause?

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red sox 777
06/26/22 1:17:23 PM
#1:


Should the Supreme Court strictly limit the Commerce Clause?



The primary source Congress as authority for its laws is the Commerce Clause, which allows Congress to regulate interstate commerce. Until the 1930s, the Supreme Court was strict with the Commerce Clause, generally striking down laws Congress passed that were not directly related to interstate commerce (or for which there was authority under a different enumerated power). In 1918, the Supreme Court reached the most extreme limit of its Commerce Clause jurisprudence in Hammer v. Dagenhart, striking down a federal law that banned child labor used to manufacture goods that were traded across state lines, holding that the Commerce Clause does not allow Congress to regulate manufacturing, only trade.

Now that the Supreme Court appears to be fully committed to originalism, should it reconsider the entire body of cases since the late 1930s regarding the Commerce Clause and go back to the pre-1930s interpretation?

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red sox 777
06/27/22 12:11:06 AM
#2:


Up.

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