The Impact of The Decision
Lopez raised serious questions as to how far the Court might be willing to go in implementing judicial safeguards against federal encroachments on state sovereignty. This precedent takes special significance in cases where the federal government is attempting to limit private conduct. Commentators are still postulating its possible effects on other established federal laws enacted pursuant to the Commerce Power. The argument can be made that this significant limiting of federal power is necessary to establish a greater threshold for governmental accountability and revitalizes the role of the states in public policymaking. United States v. Lopez has been followed by the Supreme Court in limiting Congress's power under the Commerce Clause in the 1999 case of United States v. Morrison and under other enumerated powers in the 2001 case of Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers ("SWANCC").
Read more about this topic: United States V. Lopez
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