Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The Commerce Clause Post-Lopez: It's Not Dead Yet, Nicole Huberfeld
The Commerce Clause Post-Lopez: It's Not Dead Yet, Nicole Huberfeld
Law Faculty Scholarly Articles
This Note focuses on two important pieces of social-policy legislation that could be affected by United States v. Lopez: the Violence against Women Act (VAWA) and the Freedom of Access to Clinic Entrances Act (FACE). Conflicts exist in the lower federal courts regarding the constitutionality of both statutes, which were enacted under the Commerce Clause. This Note seeks to resolve the dispute in favor of upholding both acts. Part I surveys the major cases in the history of the Commerce Clause as they relate to social-policy legislation, up to and including Lopez. Part II discusses the conflicting cases in the …