|
|
Article: Foreword.(Reflections on United States v. Lopez)
- Article from:
- Michigan Law Review
- Article date:
- December 1, 1995
- Author:
CopyrightCOPYRIGHT 1995 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
In the October Term 1994 -- in other words, October 1994 through June 1995 -- the Supreme Court invalidated four federal statutes. Statistically speaking, this was a bumper crop of judicial harvesting, given that, in the 191 years from Marbury v. Madison(1) through June 1994, only 129 federal statutes were gathered in by the grim reaper of judicial review,(2) substantially less than one legislative demise a year. But numbers tell very little because some federal statutes are more equal than others. None of the four federal statutes laid to rest in the October Term 1994 deserves mention in the same breath with such venerable judicially ambushed statutes of yesteryear as the ...