Title

The Lopez/Morrison Limitation on the Commerce Clause—Fact or Fabrication?

Abstract

This article is the first to actually analyze the combined effect of Lopez and Morrison on a broad array of federal criminal statutes. It describes the current status of federal statutes following both United States v. Lopez, 514 U.S. 549 (1995) and United States v. Morrison, 529 U.S. 598 (2000). After Lopez and Morrison, scholars clamored in an attempt to pontificate on how much the cases would impact various federal criminal statutes. In fact, over 3722 articles have been written on Lopez and Morrison, and their “theoretical” implications. However, of these, none attempt to actually characterize the total breadth of their combined effect.