Question

Scotus decision in 1942, that found that the commerce clause gives the government unlimited power to control all commercial activity. that precedent must be overturned.

a) true
b) false

Answer 1

The claim that the 1942 Supreme Court decision granted the government unlimited commercial regulatory power through the commerce clause is false; the Court has recognized broad but not unlimited powers, as seen in cases like United States v. E.C. Knight and United States v. Lopez.

Step-by-step explanation:

The statement that the Supreme Court decision in 1942 found the commerce clause gives the government unlimited power to control all commercial activity, and that this precedent must be overturned, is false. The Supreme Court has ruled that the commerce clause provides Congress with broad but not unlimited power to regulate interstate commerce.

The Court's interpretation of the commerce clause has historically expanded and contracted depending on the era and the legal challenges presented. Significant cases like United States v. E.C. Knight and United States v. Lopez demonstrate the nuanced approach the Court has taken to delimiting Congressional power under the commerce clause.