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Publius: The Journal of Federalism 1996 26(3):109-126;
© 1996 by CSF Associates Inc.
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The Impact of United States v. Lopez on Intergovernmental Relations: A Preliminary Assessment

Kenneth T. Palmer and Edward B. Laverty
University of Maine

The U.S. Supreme Court's decision in Lopez v. United States (1995) was the first occasion since the. 1930s where a congressional act was overturned on the ground that its subject matter bore no perceptible relation to interstate commerce. The case may signal significant change in the Court's federalism jurisprudence. Instead of looking mainly to the Tenth Amendment to find constitutional safeguards for the states, conservative justices may now identify commerce-power limitations. The politics of the Lopez case suggest that the Congress finds electoral advantages in federalizing crime and is disinclined to sort out roles for different governments in law enforcement. Paradoxically, this pattern exists even as the Congress is undergoing certain changes that may make consideration of basic constitutional issues more likely. Finally, this article demonstrates the weakness of public interest groups in influencing federal policymaking in criminal law.


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