Criticism of The Doctrine
References in more recent Court decisions have argued that "Whether or not the Founders intended this "negative" or "dormant" component to the Commerce Clause has been hotly debated."
Both Supreme Court Justices Antonin Scalia and Clarence Thomas have rejected the notion of a Dormant Commerce Clause. Scalia believes that such a clause is inconsistent with his originalist interpretation of the Constitution. For example, the Tenth Amendment to the United States Constitution "reserve to the States respectively, or to the people" "he powers not delegated to the United States by the Constitution, nor prohibited by it to the States". If the delegation of a power to the federal government operated as a denial ("prohibit") of that power to the respective States, then every power "delegated to the United States by the Constitution" would also be a power "prohibited by it to the States respectively", such that the set of powers denied to the several States would entirely encompass the set of powers delegated to the federal government. This reading would render superfluous the Tenth Amendment's specific mention of powers denied to the government, thereby violating the canon of interpretation that, as most famously articulated by John Marshall in Marbury v. Madison, 5 U.S. (1 Cranch) 137, 174," t cannot be presumed that any clause in the constitution is intended to be without effect; and therefore such construction is inadmissible, unless the words require it."
Read more about this topic: Dormant Commerce Clause
Famous quotes containing the words criticism of, criticism and/or doctrine:
“The critic lives at second hand. He writes about. The poem, the novel, or the play must be given to him; criticism exists by the grace of other men’s genius. By virtue of style, criticism can itself become literature. But usually this occurs only when the writer is acting as critic of his own work or as outrider to his own poetics, when the criticism of Coleridge is work in progress or that of T.S. Eliot propaganda.”
—George Steiner (b. 1929)
“To be just, that is to say, to justify its existence, criticism should be partial, passionate and political, that is to say, written from an exclusive point of view, but a point of view that opens up the widest horizons.”
—Charles Baudelaire (1821–1867)
“We were as twinned lambs that did frisk i’ the sun
And bleat the one at th’ other. What we changed
Was innocence for innocence; we knew not
The doctrine of ill-doing, nor dreamed
That any did. Had we pursued that life,
And our weak spirits ne’er been higher reared
With stronger blood, we should have answered heaven
Boldly “Not guilty,” the imposition cleared
Hereditary ours.”
—William Shakespeare (1564–1616)