Wickard

[Randy E. Barnett]

Quoting Mark Graber <MGRABER at GVPT.UMD.EDU>:

> The real question is not about the definition of commerce, but about
> the substantial effects test.

I take it then that Mark concedes that the meaning of the term "commerce" as
used in the Constitution was the one I described in my post, which is the one
Justice Thomas describes in his concurring opinion in Lopez.

With that agreement as to meaning in hand, we can then move to the matter of
how it is best applied to facts of particular cases, the implication of the
Virginia Plan for the subsequent enumeration, the degree to which
a "substantial effects" test makes sense, and the limits that should be imposed
upon any such construction in light of the meaning of "commerce" and of the
delegation to Congress in the first sentence of Article I of "all legislative
powers *herein granted.*"

Randy
______________________________________
Randy E. Barnett
Austin B. Fletcher Professor
Boston University School of Law
765 Commonwealth Ave.
Boston, MA  02215
Phone: 617-353-3099
Fax: 617-353-3077
http://www.randybarnett.com
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