Garrett

[Garrett Epps]

A modest proposal:  May we not find another subject line for this
interesting thread??  Each time I get an email headed "re:  Garrett" I
open it with heart pounding, convinced that yet another member of the
professoriate has (belatedly) discovered my genius and has sent a
message just to me.  What about, "Tenth Amendment"?

Garrett Epps

Marci Hamilton wrote:
>
> Far from exhibiting a tendency to megalomania, the line of cases from Boerne
> to Garrett exhibits the Court at its best.  The  5-member majority is fully
> aware that its decisions will be misinterpreted by the press and will be
> unpopular with the vast majority of law professors, but it is following its
> conscience.  The bouncing ball to watch is power, not doctrine.  The Court is
> using its power to curb the power of a Congress that has expanded its powers
> well beyond reasonable contours.
>
> The Constitution is structured so that the balance of power swings like a
> pendulum and we are in a period of correction of Congress's overzealous grab
> for power in the last 50 years.  Why anyone would think that Lochner once
> rejected means there will never be a legitimate reason to re-examine the
> scope of Congress's power is beyond me.
>
> Bob and Reva's article sent home to me at least that there is a vast divide
> in fundamental world views between the Court (and its few defenders) and most
> of the legal academy, which includes the law reviews.  Until the Court's
> worldview about the likely abuse of power and the necessity of checking
> abuses of power is taken as a serious position and not just a momentary break
> from the "correct" agenda, the discourse in the law schools on the Court is
> going to be unfortunately thin.
>
> Marci Hamilton
> Visiting Professor of Law
> New York University School of Law

--
Garrett Epps
Associate Professor
University of Oregon Law School
1221 University of Oregon
Eugene OR 97403
(541) 346-1587

Trouble sleeping?  Try my latest works:
http://www.law.uoregon.edu/faculty/epps/default.html