3 ms·
For context, the first law to be struck down for overreaching the commerce clause since the 40s was one that prohibited the possession of a firearm within a sch
by recursivecaveat 1y ago
For context, the first law to be struck down for overreaching the commerce clause since the 40s was one that prohibited the possession of a firearm within a school zone. All that was necessary to amend the law was to add a rider that it was only illegal if the gun had been bought/sold across state or international lines at some point.
The commerce clause is interpreted extremely broadly. It's basically unfixable though, because so many decades of laws rely on it, and passing a constitutional amendment to just directly grant the federal government a bunch of powers, even ones it already has, is politically impossible. (indeed passing any non-trivial amendment at all is very unlikely for the foreseeable future)