COMMERCE CLAUSE IN THE CROSS-HAIRS - THE USE OF LOPEZ-BASED MOTIONS TO CHALLENGE THE CONSTITUTIONALITY OF FEDERAL CRIMINAL STATUTES

In this note, Andrew Weis examines the implications of the Supreme Cou rt's recent decision in United States v. Lopes particularly with respe ct to the federalization of state crime. Mr. Weis traces the historica l evolution of Congress' reliance on the Commerce Clause to assert jur isdiction over intrastate crime and argues that this federalization ha s imposed substantial costs on the criminal justice system. In analyzi ng the holding itself, Mr. Weis suggests that Lopez may signal a decre ase in the amount of deference which the Court will accord to Congress ional actions. He also examines the way that lower courts have handled commerce-based motions in light of Lopez and argues that the decision leaves many unresolved issues including the classification of commerc e-based federal statutes, whether the three-part test articulated in L opez is conjunctive or disjunctive, and whether Congress is now requir ed to issue formal findings regarding a statute's relationship to inte rstate commerce. Finally, Mr. Weis focuses on one case in detail to hi ghlight the impact of the decision on federal public defenders, federa l judges, and the defendants themselves.