constitutional law question about state powers
Posted: Mon Mar 21, 2011 4:28 pm
many of the Ct. opinions simply state in a matter of fact way that agricultural regulation for example are obviously within the province of state powers.
i'm specifically looking at the case of US v. Butler, but my question is a very general one... what exactly is understood to be "obviously" state powers?
Just going through my casebook, it seems that Congress could usually just "commerce clause" bulldoze its way to anything it damn well pleases, and it's usually a subjective interpretation by the member of the Courts on what it understands to be state powers.
Just so dang confused cause there's no reasoning when they come to that conclusion. They usually just throw the 10th amendment in there, but the 10th amendment is so open to interpretation as well... agh... who knows.
i'm specifically looking at the case of US v. Butler, but my question is a very general one... what exactly is understood to be "obviously" state powers?
Just going through my casebook, it seems that Congress could usually just "commerce clause" bulldoze its way to anything it damn well pleases, and it's usually a subjective interpretation by the member of the Courts on what it understands to be state powers.
Just so dang confused cause there's no reasoning when they come to that conclusion. They usually just throw the 10th amendment in there, but the 10th amendment is so open to interpretation as well... agh... who knows.