The Firing Line Forums - View Single Post - Thoughts on FAFA, LESA, and Commerce Clause

Bartholomew Roberts · October 13, 2010, 08:54 AM

One of the many problems with the commerce clause is that it is now closely tied to civil rights legislation from the 1960s. The commerce clause was the power Congress cited in order to break segregation at lunch counters and back of the bus type stuff.

This was why Lopez was so restrained in setting back the commerce clause. It had to put some checks on the use of the commerce clause; but at the same time they did not want to gut any of the precedent that supported the 1960s era civil rights laws.

At this point though, I don't see the Court ever making an attempt to halt the abuse of the commerce clause. Raich effectively signaled surrender on that front IMO. The way Congress uses it in every single law, there are simply too many laws that have been enacted in reliance on it. That is an applecart the Supreme Court isn't going to ever upset. That change is going to have to come from the people via Congress.

October 13, 2010, 08:54 AM	#5
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	One of the many problems with the commerce clause is that it is now closely tied to civil rights legislation from the 1960s. The commerce clause was the power Congress cited in order to break segregation at lunch counters and back of the bus type stuff. This was why Lopez was so restrained in setting back the commerce clause. It had to put some checks on the use of the commerce clause; but at the same time they did not want to gut any of the precedent that supported the 1960s era civil rights laws. At this point though, I don't see the Court ever making an attempt to halt the abuse of the commerce clause. Raich effectively signaled surrender on that front IMO. The way Congress uses it in every single law, there are simply too many laws that have been enacted in reliance on it. That is an applecart the Supreme Court isn't going to ever upset. That change is going to have to come from the people via Congress.