Translating Federalism: United States v Lopez

@article{Lessig1995TranslatingFU,
  title={Translating Federalism: United States v Lopez},
  author={Lawrence Lessig},
  journal={The Supreme Court Review},
  year={1995},
  volume={1995},
  pages={125 - 215}
}
  • Lawrence Lessig
  • Published 1 January 1995
  • History, Law
  • The Supreme Court Review
I have hardly ever met one of the common people in America who did not surprisingly and easily perceive which obligations derived from a law of Congress and which were based on the laws of his state and who, having distinguished the matters falling within the general prerogatives of the Union from those suitable to the local legislature, could not indicate the point where the competence of the federal courts commences and that of the state courts ends.' 
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References

SHOWING 1-10 OF 12 REFERENCES
However, it must not be forgotten that, even if this line of demarcation
  • Cal L Rev
  • 1949
Notable recent cases have presented concepts of certain activities as not being interstate commerce
  • 1935
For some time late in the 1930s, or early 1940s, the constraints
  • 1940
Associated Bill Posters of the United States and Canada, 260
  • 1922
Id at 404. See also Frankfurter, The Commerce Clause at 7 (cited in note 30)
    Chief Justice Taft characterized the Swift case as "'a milestone in the interpretation of the commerce clause of the Constitution
      312 US at 121 (Congress may use "means reasonably adapted to the attainment of the permitted end, even though they involve control of intrastate activities
        ...
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