MultiHub Forum

Full Version: Assessing the Commerce Clause from Wickard to NFIB: arguments and upcoming tests
You're currently viewing a stripped down version of our content. View the full version with proper formatting.
I'm a law student currently writing a paper on the evolving judicial interpretation of the Commerce Clause, specifically analyzing the shift in reasoning from cases like Wickard v. Filburn to the more recent limitations seen in NFIB v. Sebelius. I'm trying to understand the practical impact this has on federal regulatory power over intrastate economic activity. For legal scholars or practitioners, what are the most compelling contemporary arguments for either a broad or a narrow construction of the clause, and which current legal challenges might serve as the next major test for its scope?