| Abstract: | The U.S. Supreme Court's decision in Lopez v. United States(1995) was the first occasion since the. 1930s where a congressionalact was overturned on the ground that its subject matter boreno perceptible relation to interstate commerce. The case maysignal significant change in the Court's federalism jurisprudence.Instead of looking mainly to the Tenth Amendment to find constitutionalsafeguards for the states, conservative justices may now identifycommerce-power limitations. The politics of the Lopez case suggestthat the Congress finds electoral advantages in federalizingcrime and is disinclined to sort out roles for different governmentsin law enforcement. Paradoxically, this pattern exists evenas the Congress is undergoing certain changes that may makeconsideration of basic constitutional issues more likely. Finally,this article demonstrates the weakness of public interest groupsin influencing federal policymaking in criminal law. |
