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- Title
THE PROPER MEANING OF “PROPER": WHY THE REGULATION OF INTRASTATE, NON-COMMERCIAL SPECIES UNDER THE ENDANGERED SPECIES ACT IS AN INVALID EXERCISE OF THE COMMERCE CLAUSE.
- Authors
Simpson, Kevin
- Abstract
The article discusses the Endangered Species Act of 1973 and argues that its application to regulate non-commercial species in a single state are a violation of the Commerce and Necessary and Proper Clauses of the United States Constitution. Topics mentioned include the history of modern Supreme Court jurisprudence on the Necessary and Proper Clause since McCulloch v. Maryland in 1819, the effect of the case of the National Federation of Independent Business v. Sibelius, and the application of the Commerce Clause to non-economic activity.
- Subjects
UNITED States; ENDANGERED Species Act of 1973 (U.S.); INTERSTATE commerce clause; INTRASTATE commerce; NATIONAL Federation of Independent Business v. Sebelius; JURISPRUDENCE -- History; COMMERCIAL policy; TRADE regulation
- Publication
Washington University Law Review, 2013, Vol 91, Issue 1, p169
- ISSN
2166-7993
- Publication type
Article