The Possibility of Pretext Analysis in Commerce Clause Adjudication

Authors

Gil Seinfeld, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

5-2003

Abstract

The federal government has passed three laws. One prohibits restaurant owners from discriminating on the basis of race, one prohibits the possession of a firearm within 1000 feet of a school zone, and one creates a civil remedy, enforceable in federal court, for victims of gender-motivated violence. Question: The justifications offered by the federal government for these provisions have been rooted in what constitutional value? Answers: Commerce; Commerce; Commerce.

Comments

Work published when author not on Michigan Law faculty.

Recommended Citation

Seinfeld, Gil. "The Possibility of Pretext Analysis in Commerce Clause Adjudication." Notre Dame Law Review 78, no. 4 (2003): 1251-1328.