Federalism and the federal criminal law

Author: Bradley CM
Publication: Hastings Law Journal
Topics: Crime Legislation and Policy U.S./National
Keywords: CRIME Commerce Clause Supreme Court
Bibliographic information +

The author considers the impact of the Supreme Court’s decisions in three cases (Lopez/Morrison/Jones). Lower courts have refused to extend the Court’s message in these three cases elsewhere. He concludes that the lower courts have been wrong in this approach and that certain statutes are no longer valid. Collectively, Lopez/Morrison/Jones place significant limitations on the government’s ability to criminalize certain activities under the Commerce Clause.