March 30 – ACSblog
Prof. Steven Schwinn authored blog post
At one point in our history, about a hundred years ago, the Supreme Court measured congressional authority and its limits based on formal categories. For example, the Court said that Congress had authority to regulate “commerce,” but not “manufacturing.” It said that Congress had authority to regulate matters with a “direct” effect on commerce, but not those that had an “indirect” effect. And it ruled that Congress could regulate matters of “national” concern, but not those of “local” concern.
Read more: Moving Forward to the Past
