Abstract
In confronting the issues raised by the current judicial assessments of VAWA, this Note has attempted to synthesize a workable Commerce Clause test from previous Commerce Clause jurisprudence, a test faithful to principles of federalism and one that courts may use to assess the constitutionality of statutes that regulate non-economic, intrastate activities. Ultimately, commerce power questions are largely political in nature and any attempt to fashion justiciably manageable standards of review of Commerce Clause questions must recognize and respond to this fact. With this in mind, this Note has argued that Commerce Clause jurisprudence should focus on the regulated activity's effect on interstate commerce rather than the activity's economic or non-economic nature. Moreover, because of the inherent political nature of commerce power questions, significant deference should be given to statutes that Congress specifically designs to supplement rather than supplant state law. Following these principles will allow Congress-a forum in which the several states find ample representation-to regulate problems that may hamper the increasingly complex arena of interstate commerce, while also respecting traditional principles of federalism.
Recommended Citation
Douglas, Parker
(1999)
"The Violence Against Women Act and Contemporary Commerce Power: Principled Regulation and the Concerns of Federalism,"
Utah Law Review: Vol. 1999:
No.
3, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol1999/iss3/6