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Constitutional Law

Jun. 21, 2000

Dramatic Shift

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

                 
By Erwin Chemerinsky

        
In the past decade, the U.S. Supreme Court has dramatically shifted course and imposed significant new limits on federal powers. From 1937 until 1995, not one federal law was declared unconstitutional as exceeding the scope of Congress' powers under the Commerce Clause. From 1937 ...

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