Political Quotes

Asa Hutchinson: the Lopez case is a Commerce clause case in which the Court had indicated that there had to be a recognition of the…

On the recordJuly 25, 2000
the Lopez case is a Commerce clause case in which the Court had indicated that there had to be a recognition of the interstate basis and a legislative history for it. And in this case, this is not based upon the Commerce clause, but it is based upon the Constitution itself. The necessary and proper clause of the Constitution that gives the Federal Government authority to pass legislation to implement treaties. So this legislation is based upon that clause of the Constitution fulfilling our obligation under the treaty that has been signed with the United States and 142 other nations, and I would thank the gentleman for the question, and direct him to the Missouri v. Holland case, which is really directly on point, which recites the authority of the Federal legislature to adopt legislation, even for the States, when it is carried out to implement a treaty, in that case the Migratory Bird Treaty.
Said by
Asa Hutchinson
Arkansas

Editor's note · Context

Discussing the constitutional basis for federal legislation related to treaties.

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