commerce clause question

[Ilya Somin]

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. 

Ilya Somin
Assistant Professor of Law
George Mason University School of Law
3301 Fairfax Dr.
Arlington, VA 22201
ph: 703-993-8069
fax: 703-993-8202
e-mail: isomin at gmu.edu
Website: http://mason.gmu.edu/~isomin/
SSRN Page: http://ssrn.com/author=333339

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