Topic - Steven Schwinn

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    Commerce Clause at center of battle over health reform

    Congress has used the Constitution's Commerce Clause to fight prostitution and domestic violence, to break monopolies and to combat segregation — but its biggest test could come over the Obama administration's claim that it can compel individuals to buy health insurance.

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  • Steven Schwinn, a professor at John Marshall Law School, said he breaks the history of the Commerce Clause at the Supreme Court into three distinct periods: pre-1937, when the court struggled to define the clause's limits; 1937 to 1995, when the court allowed Congress to use it broadly; and post-1995, when the court began applying it more narrowly.

    Commerce Clause at center of battle over health reform →

  • "In general, what the court was doing in this period was deferring to Congress," John Marshall Law School's Mr. Schwinn said, adding that the court adopted arguments that "the activities Congress was regulating had a substantial impact on interstate economy."

    Commerce Clause at center of battle over health reform →

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