Show simple item record Gerber, Matthew Lawrence 2018-05-16T19:16:06Z 2018-05-16T19:16:06Z 2004-08-01
dc.description Thesis (M. Lib. St.) Indiana University South Bend, 2004 en
dc.description.abstract On April 26,1995, in United States v. Lopez, the Supreme Court, for the first time in nearly 60 years revived the constitutional underpinning of limited government by declaring an act of Congress unconstitutional because Congress had exceeded its powers under the Commerce Clause. In 2000, the Court reaffirmed the stance it took in Lopez in the case of United States v. Morrison, 2 by finding once again, that Congress had exceeded its powers. These two decisions mark a revolutionary and long overdue revival of the principle that the federal government is one of enumerated powers and limited government. What was noticeably absent from the vast scholarship was Lopez's commentary on the doctrine of enumerated powers, the core of the Founder's plan for limited government and how far "our case law has drifted from the original understanding of the Commerce Clause" with respect to limited government. This is an attempt to answer those two questions based upon the Lopez case from an original meaning perspective. The methodology that I employ shapes my understanding of the Commerce Clause and thus my analysis of the decision in Lopez. en
dc.language.iso en en
dc.publisher Indiana University South Bend en
dc.subject Constitutional law--United States en
dc.subject Constitutional history--United States en
dc.title Enumeration, limited government, and an original meaning in interpretation of United States v. Lopez en
dc.type Thesis en

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