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:
“I, with other Americans, have perhaps unduly resented the stream of criticism of American life ... more particularly have I resented the sneers at Main Street. For I have known that in the cottages that lay behind the street rested the strength of our national character.”
—Herbert Hoover (1874–1964)
“It is the will of God that we must have critics, and missionaries, and Congressmen, and humorists, and we must bear the burden. Meantime, I seem to have been drifting into criticism myself. But that is nothing. At the worst, criticism is nothing more than a crime, and I am not unused to that.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“It has now become the doctrine of a large clan of politicians that political honesty is unnecessary, slow, subversive of a man’s interests, and incompatible with quick onward movement.”
—Anthony Trollope (1815–1882)