Does Commerce Clause Review Have Perverse Effects

  title={Does Commerce Clause Review Have Perverse Effects},
  author={Adrian Vermeule},
  journal={Villanova law review},
  • Adrian Vermeule
  • Published 2001
  • Political Science, Business
  • Villanova law review
There is a crucial empirical assumption that pervades the debate about federal judicial review of federal statutes under the affirmative Commerce Clause. The assumption, indulged by many different camps in the debate, is that Commerce Clause review decreases the centralization of policymaking by shifting policy authority to the states. This essay argues that, on equally plausible empirical assumptions, Commerce Clause review will in fact do just the opposite: it will promote the centralization… Expand


Fischel , Introduction : Utilitarian Balancing and Formalism in Takings , 88 C OLUM