Formalist Commerce Clause Interpretation
Summary
Formalist interpretation of the Commerce Clause primarily focuses on the literal meaning of the text, limiting Congresss power to commerce-related activities. Strict scrutiny is not central to this interpretation. Justice Rhenquist, a conservative, supported this view, advocating for a limited federal government, judicial restraint, and states rights.Full Conversation
Does a formalist interpretation of the commerce clause give congress more or less power?
Formalist interpretation generally gives Congress less power. It confines the scope of the commerce clause to literal commerce-related activities, unlike the expansive interpretation that grants broader regulatory powers. Is there a specific context you're interested in?
What did Justice Rhenquist believe in
Justice Rhenquist was a conservative who believed in a limited role for the federal government, judicial restraint, and states' rights. He favored a formalist interpretation of the Commerce Clause, which typically limits the power of Congress.