commerce clause question
isomin at gmu.edu
Wed Mar 28 15:08:42 PDT 2007
I am no big fan of the modern interpretation of the Commerce Clause, and it is indeed true that it renders most of the rest of Congress' enumerated powers irrelevant or superfluous. However, one important power that probably isn't superfluous is the Spending Clause. The Commerce Clause gives Congress the power to "regulate" by imposing costs on the private sector (and perhaps on state governments) but not the power to spend money. We need the Spending Clause for the latter, even under the most expansive modern interpretations of the CC.
Assistant Professor of Law
George Mason University School of Law
3301 Fairfax Dr.
Arlington, VA 22201
e-mail: isomin at gmu.edu
SSRN Page: http://ssrn.com/author=333339
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