Perspective
Dec. 18, 2010
Drawing Lines in the Constitutional Sand
The new health care law pushes the boundaries of Congress' authority under the Commerce Clause. By Joerg W. Knipprath of Southwestern Law School.
Does Congress' power under the Commerce Clause resemble the model of an ever-expanding universe, the "steady-state" model that there is an eventual end to expansion, or the model that predicts expansion followed by an ultimate collapse on itself? The history of the last 80 years suggests the first. The third is, for better or worse, unlikely in the absence of political cataclysm. It will take a year or two before the U.S. Supre...
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