Abstract

http://ssrn.com/abstract=925489
 
 

Footnotes (46)



 


 



The Revival of Federalism


John C. Eastman


Chapman University, The Dale E. Fowler School of Law; Claremont Institute Center for Constitutional Jurisprudence


John C. Eastman, Bring Justice to the People: The Story of the Freedom-Based Public Interest Law Movement, Lee Edwards, ed., Heritage Books, 2004

Abstract:     
This article explores the efforts over the past quarter century by the conservative public interest law movement to revive the principle of federalism and, ultimately, the notion that the federal government is one of only limited, enumerated powers. Focussing on the Commerce Clause, the article traces the original meaning of the powers of the federal government over interstate commerce, as those powers were understood by those who drafted and ratified the Constitution, and contrasts that understanding with the expansionist view of the Commerce Clause adopted by the New Deal Court, which became the ruling orthodoxy for more than half a century. It then recounts the efforts of litigators from the conservative public interest law movement to reverse that modern abberation, when after 20 years of defeat after defeat the movement finally obtained a landmark victory in United States v. Lopez, the 1995 decision in which the Court held that portions of the federal Gun Free School Zones Act exceeded Congress's power to regulate commerce among the states. Finally, it reviews some of the Lopez-based challenges to federal environmental laws far removed from interstate commerce, and concludes that the Lopez holding has not been faithfully applied.

Number of Pages in PDF File: 24

Keywords: United States v. Lopez, Commerce Clause, Enumerated Powers, Federalism,

JEL Classification: H10,H11,H77,K32,k40,R52

Accepted Paper Series


Download This Paper

Date posted: August 21, 2006  

Suggested Citation

Eastman, John C., The Revival of Federalism. John C. Eastman, Bring Justice to the People: The Story of the Freedom-Based Public Interest Law Movement, Lee Edwards, ed., Heritage Books, 2004. Available at SSRN: http://ssrn.com/abstract=925489

Contact Information

John C. Eastman (Contact Author)
Chapman University, The Dale E. Fowler School of Law ( email )
One University Drive
Orange, CA 92866-1099
United States
714-628-2587 (Phone)
HOME PAGE: http://www.chapman.edu/law/faculty/eastman.asp
Claremont Institute Center for Constitutional Jurisprudence
937 Foothill Blvd., Suite E
Claremont, CA 91711
United States
909-621-6825 (Phone)
HOME PAGE: http://claremont.org/projects/jurisprudence/
Feedback to SSRN


Paper statistics
Abstract Views: 691
Downloads: 76
Download Rank: 188,674
Footnotes:  46

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.266 seconds