lopez argued november decided april respondent student carried concealed handgun high school charged violating school zones act forbids individual knowingly possess firearm place knows school zone district denied motion dismiss indictment concluding constitutional exercise congress power regulate activities affecting commerce reversing appeals held light characterized insufficient congressional findings legislative history invalid beyond congress power commerce clause held act exceeds congress commerce clause authority first although upheld wide variety congressional acts regulating intrastate economic activity substantially affected interstate commerce possession gun local school zone sense economic activity might repetition elsewhere substantial effect interstate commerce section criminal statute terms nothing commerce sort economic enterprise however broadly terms defined essential part larger regulation economic activity regulatory scheme undercut unless intrastate activity regulated therefore sustained cases upholding regulations activities arise connected commercial transaction viewed aggregate substantially affects interstate commerce second contains jurisdictional element ensure inquiry firearms possession question requisite page ii nexus interstate commerce respondent local student local school indication recently moved interstate commerce requirement possession firearm concrete tie interstate commerce uphold government contention justified firearms possession local school zone indeed substantially affect interstate commerce require pile inference upon inference manner bid fair convert congressional commerce clause authority general police power sort held pp affirmed rehnquist delivered opinion scalia kennedy thomas joined kennedy filed concurring opinion joined thomas filed concurring opinion stevens souter filed dissenting opinions breyer filed dissenting opinion stevens souter ginsburg joined lopez chief justice rehnquist delivered opinion school zones act congress made federal offense individual knowingly possess firearm place individual knows reasonable cause believe school zone supp act neither regulates commercial activity contains requirement possession connected way interstate commerce hold act exceeds authority congress regulate commerce among several art cl march respondent student arrived edison high school san antonio texas carrying concealed caliber handgun five bullets acting upon anonymous tip school authorities confronted respondent admitted carrying weapon arrested charged texas law firearm possession school premises see tex penal code ann supp next day state charges dismissed federal agents charged respondent complaint lopez violating school zones act supp federal grand jury indicted respondent one count knowing possession firearm school zone violation respondent moved dismiss federal indictment ground unconstitutional beyond power congress legislate control public schools district denied motion concluding constitutional exercise congress power regulate activities affecting commerce business elementary middle high schools affects interstate commerce app pet cert respondent waived right jury trial district conducted bench trial found guilty violating sentenced six months imprisonment two years supervised release appeal respondent challenged conviction based claim exceeded congress power legislate commerce clause appeals fifth circuit agreed reversed respondent conviction held light characterized insufficient congressional findings legislative history section full reach terms invalid beyond power congress commerce clause importance issue granted certiorari affirm start first principles constitution creates federal government enumerated powers see art james madison wrote powers delegated proposed constitution lopez federal government defined remain state governments numerous indefinite federalist pp rossiter ed constitutionally mandated division authority adopted framers ensure protection fundamental liberties gregory ashcroft internal quotation marks omitted separation independence coordinate branches federal government serves prevent accumulation excessive power one branch healthy balance power federal government reduce risk tyranny abuse either front ibid constitution delegates congress power regulate commerce foreign nations among several indian tribes art cl chief justice marshall first defined nature congress commerce power gibbons ogden wheat commerce undoubtedly traffic something intercourse describes commercial intercourse nations parts nations branches regulated prescribing rules carrying intercourse lopez intended say words comprehend commerce completely internal carried man man state different parts state extend affect power inconvenient certainly unnecessary comprehensive word among may properly restricted commerce concerns one enumeration presupposes something enumerated something regard language subject sentence must exclusively internal commerce state lopez congress enacted interstate commerce act stat congress enacted sherman antitrust act stat amended et seq laws ushered new era federal regulation commerce power cases involving laws first reached imported negative commerce clause cases approach congress regulate activities production manufacturing mining see knight commerce succeeds manufacture part carter carter coal mining brings subject matter commerce existence commerce disposes simultaneously however held interstate intrastate aspects commerce mingled together full regulation interstate commerce required incidental regulation intrastate commerce commerce clause authorized regulation see houston shreveport rate cases schecter poultry struck regulations fixed hours wages individuals employed intrastate business activity regulated related interstate commerce indirectly characterized distinction direct indirect effects intrastate transactions upon interstate commerce fundamental one essential maintenance constitutional system activities affected interstate commerce directly within congress power activities affected interstate commerce indirectly beyond congress reach justification formal distinction rooted fear otherwise lopez virtually limit federal power practical purposes completely centralized government two years later watershed case nlrb jones laughlin steel upheld national labor relations act commerce clause challenge process departed distinction direct indirect effects interstate commerce question scope congress power necessarily one degree held intrastate activities close substantial relation interstate commerce control essential appropriate protect commerce burdens obstructions within congress power regulate darby upheld fair labor standards act stating power congress interstate commerce confined regulation commerce among extends activities intrastate affect interstate commerce exercise power congress make regulation appropriate means attainment legitimate end exercise granted power congress regulate interstate commerce wickard filburn upheld application amendments agricultural adjustment act production consumption wheat wickard lopez explicitly rejected earlier distinctions direct indirect effects interstate commerce stating ven appellee activity local though may regarded commerce may still whatever nature reached congress exerts substantial economic effect interstate commerce irrespective whether effect might earlier time defined direct indirect jones laughlin steel darby wickard ushered era commerce clause jurisprudence greatly expanded previously defined authority congress clause part recognition great changes occurred way business carried country enterprises local regional nature become national scope doctrinal change also reflected view earlier commerce clause cases artificially constrained authority congress regulate interstate commerce even precedents expanded congressional power commerce clause confirm power subject outer limits jones laughlin steel warned scope interstate commerce power must considered light dual system government may extended embrace effects upon interstate commerce indirect remote lopez embrace view complex society effectually obliterate distinction national local create completely centralized government see also darby supra congress may regulate intrastate activity substantial effect interstate commerce wickard supra congress may regulate activity exerts substantial economic effect interstate commerce since time heeded warning undertaken decide whether rational basis existed concluding regulated activity sufficiently affected interstate commerce see hodel virginia surface mining reclamation perez katzenbach mcclung heart atlanta motel similarly maryland wirtz reaffirmed power regulate commerce though broad indeed limits ample power enforce overruled grounds national league cities usery overruled garcia san antonio metropolitan transit authority response dissent warnings powerless enforce limitations congress commerce powers activities affecting lopez commerce even minutest degree wickard may regulated controlled congress douglas dissenting wirtz replied dissent misread precedent either wickard declared congress may use relatively trivial impact commerce excuse broad general regulation state private activities rather said general regulatory statute bears substantial relation commerce de minimis character individual instances arising statute consequence ibid first emphasis added consistent structure identified three broad categories activity congress may regulate commerce power perez supra see also hodel virginia surface mining reclamation supra first congress may regulate use channels interstate commerce see darby heart atlanta motel supra authority congress keep channels interstate commerce free immoral injurious uses frequently sustained longer open question quoting caminetti second congress empowered regulate protect instrumentalities interstate commerce persons things interstate commerce even though threat may come intrastate activities see shreveport rate cases southern upholding amendments safety appliance act applied vehicles used intrastate commerce perez supra example destruction aircraft thefts interstate shipments finally congress commerce authority includes power regulate lopez activities substantial relation interstate commerce jones laughlin steel activities substantially affect interstate commerce wirtz supra within final category admittedly case law clear whether activity must affect substantially affect interstate commerce order within congress power regulate commerce clause compare preseault icc wirtz supra never declared congress may use relatively trivial impact commerce excuse broad general regulation state private activities conclude consistent great weight case law proper test requires analysis whether regulated activity substantially affects interstate commerce turn consider power congress light framework enact first two categories authority may quickly disposed regulation use channels interstate commerce attempt prohibit interstate transportation commodity channels commerce justified regulation congress sought protect instrumentality interstate commerce thing interstate commerce thus sustained must third category regulation activity substantially affects interstate commerce first upheld wide variety congressional acts regulating intrastate economic activity concluded activity substantially affected interstate commerce examples include regulation intrastate coal mining hodel supra intrastate extortionate credit transactions perez supra restaurants utilizing substantial interstate supplies mcclung supra lopez inns hotels catering interstate guests heart atlanta motel supra production consumption wheat wickard filburn examples means exhaustive pattern clear economic activity substantially affects interstate commerce legislation regulating activity sustained even wickard perhaps far reaching example commerce clause authority intrastate activity involved economic activity way possession gun school zone roscoe filburn operated small farm ohio year involved raised acres wheat practice sow winter wheat fall harvesting july sell portion crop feed part poultry livestock farm use making flour home consumption keep remainder seeding future crops secretary agriculture assessed penalty agricultural adjustment act harvested acres wheat allotment act permitted act designed regulate volume wheat moving interstate foreign commerce order avoid surpluses shortages concomitant fluctuation wheat prices previously obtained said opinion sustaining application act filburn activity one primary purposes act question increase market price wheat end limit volume thereof affect market hardly denied factor volume variability wheat substantial influence price market conditions may arise marketable condition wheat overhangs market induced rising lopez prices tends flow market check price increases assume never marketed supplies need man grew otherwise reflected purchases open market wheat sense competes wheat commerce lopez second contains jurisdictional element ensure inquiry firearm possession question affects interstate commerce example bass interpreted former made crime felon receiv posses transpor commerce affecting commerce firearm interpreted possession component require additional nexus interstate commerce statute ambiguous unless congress conveys purpose clearly deemed significantly changed balance bass set aside conviction although government demonstrated bass possessed firearm failed show requisite nexus interstate commerce thus interpreted statute reserve constitutional question whether congress regulate without mere possession firearms see see also five gambling devices plurality opinion principle old deeply imbedded jurisprudence construe statute manner requires decision serious constitutional questions statutory language leaves reasonable alternative unlike statute bass express jurisdictional element might limit reach discrete set firearm possessions additionally explicit connection effect interstate commerce although part independent evaluation constitutionality commerce clause course consider legislative findings indeed even lopez congressional committee findings regarding effect interstate commerce see preseault icc government concedes either statute legislative history contain express congressional findings regarding effects upon interstate commerce gun possession school zone brief agree government congress normally required make formal findings substantial burdens activity interstate commerce see mcclung see also perez congress need make particularized findings order legislate extent congressional findings enable us evaluate legislative judgment activity question substantially affected interstate commerce even though substantial effect visible naked eye lacking government argues congress accumulated institutional expertise regarding regulation firearms previous enactments cf fullilove klutznick powell concurring agree however fifth circuit importation previous findings justify especially inappropriate prior federal enactments congressional findings speak lopez subject matter section relationship interstate commerce indeed section plows thoroughly new ground represents sharp break pattern federal firearms legislation government essential contention fine may determine valid possession firearm local school zone indeed substantially affect interstate commerce brief government argues possession firearm school zone may result violent crime violent crime expected affect functioning national economy two ways first costs violent crime substantial mechanism insurance costs spread throughout population see evans second violent crime reduces willingness individuals travel areas within country perceived unsafe cf heart atlanta motel government also argues presence guns schools poses substantial threat educational process threatening learning environment handicapped educational process turn result less productive citizenry turn adverse effect nation economic result government argues congress rationally concluded substantially affects interstate commerce pause consider implications government arguments government admits costs crime reasoning congress regulate violent crime activities might lead violent crime regardless tenuously relate interstate commerce see tr oral arg similarly government national productivity reasoning congress regulate lopez activity found related economic productivity individual citizens family law including marriage divorce child custody example theories government presents support difficult perceive limitation federal power even areas criminal law enforcement education historically sovereign thus accept government arguments posit activity individual congress without power regulate although justice breyer argues acceptance government rationales authorize general federal police power unable identify activity may regulate congress may justice breyer posits might limitations congress commerce power family law certain aspects education post suggested limitations viewed light dissent expansive analysis devoid substance justice breyer focuses part threat firearm possession near schools poses educational process potential economic consequences flowing threat post specifically dissent reasons violence serious problem problem turn adverse effect classroom learning adverse effect classroom learning turn represents substantial threat trade commerce post analysis equally applicable subjects family law direct regulation education instance congress pursuant commerce clause power regulate activities adversely affect learning environment fortiori also regulate educational process directly congress determine school curriculum lopez significant effect extent classroom learning result congress mandate federal curriculum local elementary secondary schools taught local schools significant effect classroom learning cf post turn substantial effect interstate commerce justice breyer rejects reading precedent argues congress rationally conclude schools fall commercial side line post justice breyer rationale lacks real limits depending level generality activity looked upon commercial dissent rationale congress easily look child rearing fall ing commercial side line provides valuable service namely equip children skills need survive life specifically workplace ibid doubt congress authority commerce clause regulate numerous commercial activities substantially affect interstate commerce also affect educational process authority though broad include authority regulate every aspect local schools admittedly determination whether intrastate activity commercial noncommercial may cases result legal uncertainty long congress authority limited powers enumerated constitution long enumerated powers interpreted judicially enforceable outer limits congressional legislation commerce clause always engender legal uncertainty post chief justice marshall stated mcculloch maryland wheat federal government acknowledged one enumerated powers principle exercise powers granted universally admitted question respecting lopez extent powers actually granted perpetually arising probably continue arise long system shall exist jones laughlin steel held question congressional power commerce clause necessarily one degree effect concurring opinion justice cardozo schecter poultry view causation obliterate distinction national local activities commerce motion outer rim communicated perceptibly though minutely recording instruments center society elastic medium transmits tremors throughout territory question size quoting schecter poultry corp hand concurring lopez uphold government contentions pile inference upon inference manner bid fair convert congressional authority commerce clause general police power sort retained admittedly prior cases taken long steps road giving great deference congressional action see supra broad language opinions suggested possibility additional expansion decline proceed require us conclude constitution enumeration powers presuppose something enumerated cf gibbons ogden supra never distinction truly national truly local cf jones laughlin steel supra unwilling foregoing reasons judgment appeals affirmed footnotes see also hodel imply congress may conclude particular activity substantially affects interstate commerce necessarily make rehnquist concurring judgment heart atlanta motel hether particular operations affect interstate commerce sufficiently come constitutional power congress regulate ultimately judicial rather legislative question settled finally black concurring federal system possess primary authority defining enforcing criminal law brecht abrahamson slip quoting engle isaac see also screws plurality opinion national government one delegated powers alone federal system administration criminal justice rests except congress acting within scope delegated powers created offenses congress criminalizes conduct already denounced criminal effects change sensitive relation federal state criminal jurisdiction enmons quoting bass government acknowledges displace state policy choices prohibitions apply even chosen outlaw conduct question brief see also statement president george bush signing crime control act weekly comp pres doc egregiously section inappropriately overrides legitimate state firearms laws new unnecessary federal law policies reflected provisions legitimately adopted imposed upon congress note september president clinton signed law violent crime control law enforcement act pub stat section act amends include congressional findings regarding effects firearm possession around schools upon interstate foreign commerce government rely upon subsequent findings substitute absence findings first instance tr oral arg relying strict sense word think minimum indicate reasons identified congress wanted regulate particular activity lopez justice kennedy justice joins concurring history judicial struggle interpret commerce clause transition economic system founders knew single national market still emergent era counsels great restraint determines clause insufficient support exercise national power history gives pause today decision join opinion observations conceive necessary though limited holding chief justice marshall announced national authority reaches commerce concerns one commerce power complete may exercised utmost extent acknowledges limitations prescribed constitution gibbons ogden wheat statements understood early authoritative recognition commerce clause grants congress extensive power ample discretion determine appropriate exercise progression commerce clause cases gibbons present marked however coherent consistent course interpretation lopez neither course technological advance foundational principles jurisprudence courts sought resolve contemporary disputes enduring principles furthermore almost century adoption constitution commerce clause decisions concern authority congress legislate rather faced related quite distinct question authority regulate matters within commerce power congress chosen act simple fact early years republic congress seldom perceived necessity exercise power circumstances authority called question initial task therefore elaborate theories permit act congress done least part problem unresolved question whether congressional power exclusive question reserved chief justice marshall gibbons ogden supra midpoint century embraced principle national government authority regulate certain matters absent congressional determination displace local law necessity invalidate local law dormant national power cooley board wardens port philadelphia utility solution apparent see generally frankfurter commerce clause marshall taney waite hereinafter frankfurter difficulties application persisted see leisy hardin one approach used inquire lawfulness state authority draw distinctions thus defining semantic lopez formalistic categories activities commerce instance deciding state prohibit manufacture liquor intended shipment distinguished manufacture commerce distinction popular common mind clearly expressed economic political literature manufactur commerce manufacture transformation fashioning raw materials change form use functions commerce different kidd pearson though approach likely survived even confined question state authority enact legislation propitious applied quite different question subjects within reach national power congress chose exercise became evident began confront federal economic regulation enacted response rapid industrial development late century thus relied upon dichotomy knight manufacturers combination controlling nation domestic sugar refining capacity held outside reach sherman act conspiracies control manufacture agriculture mining production wages prices explained indirect effect interstate commerce adair rejected view commerce power might extend activities although local sense originated within single state nevertheless practical effect interstate commercial activity concluded legal logical connection employe membership labor organization carrying interstate commerce lopez struck federal statute forbidding discharge employee membership labor organization see also employers liability cases invalidating statute creating negligence action common carriers personal injuries employees sustained course employment statute regulates persons engage interstate commerce alone regulate business interstate commerce even committed sustaining federal legislation broad principles economic practicality found necessary depart decisions disavowed knight reliance distinction standard oil new jersey declaring approach unsound likewise rejected rationale adair decided texas new orleans railway clerks congress power regulate matters pertaining organization railroad workers another line cases addressed congress efforts impede local activities considered undesirable prohibiting interstate movement essential element lottery case rejected argument congress lacked power prohibit interstate movement lottery tickets power regulate prohibit see also hipolite egg hoke hammer dagenhart however insisted power regulate commerce directly contrary assumed right forbid commerce moving struck prohibition interstate transportation goods manufactured violation child labor laws lopez even experiencing difficulties finding satisfactory principles cases pursuing sustainable practical approach lines decisions particularly involving regulation railroad rates minnesota rate cases upheld state rate order observed congress might empowered regulate area reason interblending interstate intrastate operations interstate carriers regulation interstate rates maintained without restrictions intrastate rates substantially affect former shreveport rate cases upheld icc order fixing railroad rates explanation congressional authority extending interstate carriers instruments interstate commerce necessarily embraces right control operations matters close substantial relation interstate traffic control essential appropriate security traffic efficiency interstate service maintenance conditions interstate commerce may conducted upon fair terms without molestation hindrance even confined interpretation commerce embrace transportation rate cases posed much less difficulty cases involving manufacture production nevertheless recognition importance practical conception commerce power altogether confined rate cases swift upheld application federal antitrust law combination meat dealers occurred one state restrained trade cattle sent sale place one state expectation end lopez transit another explained commerce among technical legal conception practical one drawn course business chief justice taft followed approach upholding federal regulation stockyards stafford wallace speaking rejected nice technical inquiry local transactions issue separated movement contribute reluctance adopt approach cases caused inconsistencies doctrine persist however addressing new deal legislation resuscitated abandoned abstract distinction direct indirect effects interstate commerce see carter carter coal act regulating price coal wages hours miners held secondary indirect effect interstate commerce railroad retirement bd alton compulsory retirement pension plan railroad carrier employees remote regulation commerce schechter poultry wage hour law provision national industrial recovery act direct relation interstate commerce case seems mark definitive commitment practical conception commerce power nlrb jones laughlin steel sustained labor laws applied manufacturing facilities making real attempt distinguish carter supra schechter supra deference given congress since confirmed darby overruled hammer dagenhart supra wickard filburn disapproved lopez knight entire line cases explaining broader interpretations commerce clause destined supersede earlier ones whatever terminology used criterion necessarily one degree must defined satisfy seek mathematical rigid formulas formulas provided great concepts constitution later examples exercise federal power commercial transactions subject regulation include heart atlanta motel katzenbach mcclung perez like authorities within fair ambit practical conception commercial regulation called question decision today history commerce clause decisions contains least two lessons relevance case first stated outset imprecision boundaries used without define limits commerce clause second related first even greater consequence institution legal system whole immense stake stability commerce clause jurisprudence evolved point stare decisis operates great force counseling us call question essential principles place respecting congressional power regulate transactions commercial nature fundamental restraint power forecloses us reverting understanding commerce serve economy dependent upon production trading practices changed little preceding centuries also mandates returning time congressional authority regulate undoubted commercial activities limited lopez judicial determination matters insufficient connection interstate system congress regulate commercial sphere assumption single market unified purpose build stable national economy referring whole subject federal state balance said three terms ago framework sufficiently flexible past two centuries allow enormous changes nature government federal government undertakes activities today unimaginable framers two senses first framers conceived government conduct activities second framers believed federal government rather assume responsibilities yet powers conferred upon federal government constitution phrased language broad enough allow expansion federal government role new york slip emphasis omitted various structural elements constitution separation powers checks balances judicial review federalism concerning last seem much uncertainty respecting existence content standards allow judiciary play significant role maintaining design contemplated framers although resolution specific cases proved difficult derived constitution workable standards lopez assist preserving separation powers checks balances see prize cases black youngstown sheet tube sawyer nixon buckley valeo ins chadha bowsher synar plaut spendthrift farm standards well accepted judicial review also established beyond question marbury madison cranch though may differ applying principles see planned parenthood southeastern pennsylvania casey legitimacy undoubted role preserving federal balance seems tenuous irony four structural elements constitution mentioned federalism unique contribution framers political science political theory see friendly federalism forward yale wood creation american republic pp though surface idea may seem counterintuitive insight framers freedom enhanced creation two governments one compound republic america power surrendered people first divided two distinct governments portion allotted subdivided among distinct separate departments hence double security arises rights people different governments control time controlled federalist rossiter ed madison see also gregory ashcroft separation independence coordinate branches federal government serve prevent accumulation excessive power one branch healthy balance power federal lopez government reduce risk tyranny abuse either front tension federal state power lies promise liberty new york supra slip constitution divides authority federal state governments protection individuals state sovereignty end rather federalism secures citizens liberties derive diffusion sovereign power quoting coleman thompson blackmun dissenting theory two governments accord liberty one requires realization two distinct discernable lines political accountability one citizens federal government second citizens madison expected federal state governments control see federalist hold check competing affections people see federalist citizens must means knowing two governments hold accountable failure perform given function federalism serves assign political responsibility obscure ftc ticor title ins federal government take regulation entire areas traditional state concern areas nothing regulation commercial activities boundaries spheres federal state authority blur political responsibility become illusory see new york supra ferc mississippi concurring judgment part dissenting part resultant inability hold either branch government answerable citizens dangerous even devolving much authority remote central power lopez sure one conclusion drawn federalist papers balance national state power entrusted entirety political process madison observation people surely precluded giving confidence may discover due federalist rossiter ed interpreted say essence responsibility shift power state federal government rests upon political judgment though added assurance state governments little apprehend within certain sphere federal power nature things advantageously administered ibid whatever judicial role axiomatic congress substantial discretion control federal balance reasons mistaken mischievous political branches forget sworn obligation preserve protect constitution maintaining federal balance first primary instance debates see great speeches orations daniel webster whipple ed debates civil rights acts see hearings senate committee commerce pts congresses accepted responsibility confront great questions proper federal balance terms lasting consequences constitutional design political branches government must fulfill grave constitutional obligation democratic liberty federalism secures endure time absence structural mechanisms require officials undertake principled task momentary political convenience often attendant upon failure argue lopez complete renunciation judicial role although obligation officers government respect constitutional design see public citizen department justice rostker goldberg federal balance essential part constitutional structure plays vital role securing freedom us admit inability intervene one level government tipped scales far past participated maintaining federal balance judicial exposition doctrines abstention see younger harris railroad texas pullman burford sun oil rules determining primacy state law see erie tompkins doctrine adequate independent state grounds see murdock city memphis michigan long whole jurisprudence see rice santa fe elevator cipollone liggett group many rules governing habeas jurisprudence see coleman thompson supra mccleskey zant teague lane rose lundy wainwright sykes ability preserve principle commerce clause presented much greater challenge see supra clause throughout history chief source adjudications regarding federalism body opinions affords fairer revealing test judicial qualities frankfurter branch whose distinctive duty declare law marbury madison cranch lopez often called upon resolve questions constitutional law susceptible mechanical application bright clear lines substantial element political judgment commerce clause matters leaves institutional capacity intervene doubt decide cases instance bill rights even though clear bright lines often absent latter class disputes see county allegheny american civil liberties union greater pittsburgh chapter concurring part concurring judgment avoid obligation draw lines often close difficult lines adjudicating constitutional rights cases teach role determining meaning commerce clause position enforcing dormant commerce clause instructive doctrinal approach area likewise taken turns oklahoma tax jefferson lines slip yet contrast prevailing skepticism surrounds ability give meaning explicit text commerce clause widespread acceptance authority enforce dormant commerce clause inferred constitutional structure limitation power one element dormant commerce clause jurisprudence principle may impose regulations place undue burden interstate commerce even regulations discriminate businesses see distillers new york state liquor authority citing pike bruce church distinguishing regulations place undue burden interstate commerce regulations depends upon lopez delicate judgments true invalidate state law congress effect overturn judgment whereas case announcing congress transgressed authority decision consequential stands unless congress revise law demonstrate commercial character difference doubt informs circumspection invalidate act congress mitigate duty recognize meaningful limits commerce power congress statute us upsets federal balance degree renders unconstitutional assertion commerce power intervention required chief justice explains unlike earlier cases come neither actors conduct commercial character neither purposes design statute evident commercial nexus see ante statute makes simple possession gun within feet grounds school criminal offense sense conduct interdependent world ultimate commercial origin consequence yet said commerce power may reach far congress attempts extension least must inquire whether exercise national power seeks intrude upon area traditional state concern interference dimensions occurs well established education traditional concern milliken bradley epperson arkansas proximity schools including course schools owned operated subdivisions premise making conduct criminal circumstances particular duty insure balance destroyed cf rice supra start lopez assumption historic police powers displaced federal statute unless clear manifest purpose congress florida lime avocado growers paul doubtful state indeed reasonable person argue wise policy allow students carry guns school premises considerable disagreement exists best accomplish goal circumstance theory utility federalism revealed may perform role laboratories experimentation devise various solutions best solution far clear see san antonio independent school dist rodriguez new state ice liebmann brandeis dissenting state municipality determines harsh criminal sanctions necessary wise deter students carrying guns school premises reserved powers sufficient enact measures indeed already criminal laws outlawing possession firearms near school grounds see alaska stat ann supp cal penal code ann west supp mass laws stat ann west supp code ann stat practicable means rid schools guns may thought citizens preferable safety welfare schools charged maintaining see brief national conference state legislatures et amici curiae injection federal officials local problems causes friction diminishes political accountability state local governments lopez might include inducements inform violators information leads arrests confiscation guns see lima schools may launch weapons hot line times part reward tips guns tucson schools arizona republic programs encourage voluntary surrender guns provision amnesty see zaidan akron rallies save youths plain dealer mar swift legislators consider plan get guns streets hartford courant apr penalties imposed parents guardians failure supervise child see okla tit supp fining parents allow students possess firearm school code ann supp misdemeanor parents allow student possess firearm school straight shooter gov casey reasonable plan control assault weapons pittsburgh mar proposed bill bailey measures top legislators agenda times mar part krupa new plans tighten local law boston globe june laws providing suspension expulsion students see code supp ind code rev stat ann michie rev code programs expulsion assignment special facilities see martin legislators poised take harsher stand guns schools seattle times expulsion students guns intense reentry program statute us forecloses experimenting exercising judgment area lay claim right history expertise regulating activity lopez beyond realm commerce ordinary usual sense term tendency statute displace state regulation areas traditional state concern evident territorial operation elementary secondary schools see dept education national center education statistics digest education statistics nces tables invisible federal zone extending feet beyond often irregular boundaries school property communities doubt difficult navigate without infringing zones yet throughout areas school officials find programs prohibition guns danger displacement federal authority unless state chooses enact parallel rule case etiquette federalism violated formal command national government directing state enact certain policy cf new york organize governmental functions certain way cf ferc mississippi concurring judgment part dissenting part intrusion state sovereignty may severe instance recent tenth amendment cases intrusion nonetheless significant absent stronger connection identification commercial concerns central commerce clause interference contradicts federal balance framers designed obliged enforce reasons join opinion judgment lopez justice thomas concurring today properly concludes commerce clause grant congress authority prohibit gun possession within feet school attempted school zones act pub stat although join majority write separately observe case law drifted far original understanding commerce clause future case temper commerce clause jurisprudence manner makes sense recent case law faithful original understanding clause said congress may regulate commerce among several art cl also anything substantial effect commerce test taken logical extreme give congress police power aspects american life unfortunately never come grips implication substantial effects formula although supposedly applied substantial effects test past years always rejected readings commerce clause scope federal power lopez permit congress exercise police power cases quite clear real limits federal power see new york slip one disputes proposition constitution created federal government limited powers quoting gregory ashcroft maryland wirtz nlrb jones laughlin steel cf chisholm georgia dall iredell state union sovereign powers reserved must necessarily claim authority surrendered indeed crucial point majority justice breyer agree principle federal government nothing approaching police power compare ante post principal dissent concedes limits federal power sweeping nature current test enables dissent argue congress regulate gun possession seems power regulate commerce means encompass authority mere gun possession empowers federal government regulate marriage littering cruelty animals throughout constitution quite properly leaves matters individual notwithstanding activities effects interstate commerce interpretation commerce clause even suggests congress regulate matters need reexamination appropriate case believe must reconsider substantial effects test eye toward constructing standard reflects text history commerce clause without totally rejecting recent commerce clause jurisprudence today however merely support conclusion lopez discussion text structure history commerce clause analysis early case law goal simply show far departed original understanding demonstrate result reach today means radical see post stevens dissenting also want point necessity refashioning coherent test tend obliterate distinction national local create completely centralized government jones laughlin steel corp supra lopez one expect term commerce used contradistinction productive activities manufacturing agriculture alexander hamilton example repeatedly treated commerce agriculture manufacturing three separate endeavors see federalist referring agriculture commerce manufactures distinguishing commerce arts industry asserting commerce agriculture shared interests distinctions made state ratification conventions see debates several state conventions adoption federal constitution elliot ed hereinafter debates dawes massachusetts convention smith new york convention moreover interjecting modern sense commerce constitution generates significant textual structural problems example one replace commerce different type enterprise manufacturing manufacturer produces car assembly take place foreign nation indian tribes parts may come different nations hence may flow commerce one time manufacturing takes place discrete site agriculture manufacturing involve production goods commerce encompasses traffic articles port preference clause also suggests lopez term commerce denoted sale transport rather business generally according clause preference shall given regulation commerce revenue ports one state another art cl although possible conceive regulations manufacturing farming prefer one port another natural reading clause prohibits congress using commerce power channel commerce certain favored ports constitution uses word commerce narrower sense case law might suggest also support proposition congress authority activities substantially affect interstate commerce commerce clause state congress may regulate matters substantially affect commerce foreign nations among several indian tribes contrast constitution temporarily prohibited amendments affect congress lack authority prohibit restrict slave trade enact unproportioned direct taxation art clearly framers drafted constitution contained substantially affects interstate commerce clause objective addition powers commerce clause congress authority enact laws necessary proper carry execution power lopez regulate commerce among several art cl understanding congressional power two clauses many congress enumerated powers art wholly superfluous congress may regulate matters substantially affect commerce need constitution specify congress may enact bankruptcy laws cl coin money fix standard weights measures cl punish counterfeiters coin securities cl likewise congress need separate authority establish post offices post roads cl grant patents copyrights cl punish piracies felonies committed high seas cl might even need power raise support army navy cls fewer people engage commercial shipping thought foreign power expropriate property ease indeed congress regulate matters substantially affect interstate commerce need specify congress regulate international trade commerce indians framers surely understood branches trade substantially affect interstate commerce put simply much art including portions commerce clause surplusage congress given authority matters substantially affect interstate commerce interpretation cl makes rest superfluous simply correct yet commerce clause jurisprudence endorsed interpretation power accorded congress swallowed art lopez indeed substantial effects test appended commerce clause every power federal government reason singling commerce clause special treatment accordingly congress regulate matters substantially affect army navy bankruptcies tax collection expenditures case clauses mutually overlap something assume founding fathers never intended construction scope congressional authority additional problem coming close turning tenth amendment head case law read reserve powers expressly prohibited constitution taken together fundamental textual problems least convince us substantial effects test reexamined ii early americans understood commerce manufacturing agriculture distinct activities intimately related dependent lopez substantially affected others items produced farmers manufacturers primary articles commerce time commerce robust result federal superintendence farmers manufacturers benefit thus oliver ellsworth connecticut attempted convince farmers benefits regulating commerce property riches depend ready demand generous price produce annually spare wrote conditions exist trade flourishes merchant freely export produce country nations pay highest price landholder connecticut courant documentary history ratification constitution jensen ed hereinafter documentary history see also federalist hamilton iscerning citizens well aware mechanic manufacturing arts furnish materials mercantile enterprise industry many indeed immediately connected operations commerce know merchant natural patron friend merchant disposed cultivate interests mechanic manufacturing arts commerce nearly allied jerseyman citizens new jersey trenton mercury documentary history noting agriculture serve source commerce marcus new jersey journal mechanic farmer benefit prosperity commerce william davie delegate north carolina convention illustrated close link best commerce sir nurse agriculture manufacturing merchant furnishes planter articles manufacture finds market produce agriculture flourish commerce languishes mutually lopez dependent debates yet despite well aware agriculture manufacturing matters substantially affected commerce founding generation cede authority activities congress hamilton instance acknowledged federal government regulate agriculture like concerns administration private justice citizens state supervision agriculture concerns similar nature things short proper provided local legislation never desirable cares general jurisdiction federalist comments hamilton others federal power reflected truth new government limited enumerated powers found constitution see debates hamilton new york convention noting lopez cause rejecting constitution enable federal government alter abrogate state civil criminal institutions penetrate recesses domestic life control respects private conduct individuals federalist madison debates madison virginia convention sherman ellsworth letter governor huntington documentary history wilson speech state house yard agriculture manufacture since surrendered federal government state concerns see federalist hamilton observing internal encouragement agriculture manufactures object state expenditure even passage tenth amendment apparent congress possess powers herein granted rest constitution art constitution meant grant federal authority activity substantially affecting interstate commerce constitution contains enumerated power particular activity indeed framers knew many enumerated powers dealt matters substantially affected interstate commerce madison instance spoke bankruptcy power intimately connected regulation commerce federalist likewise hamilton urged mean commercial people even secure atlantic side must endeavour soon possible navy hamilton short founding fathers well aware principal dissent calls economic realities see post breyer citing north american sec even though boundary commerce matters may lopez ignore economic reality thus seem arbitrary artificial must nevertheless respect constitutional line grant congress power substantially affects interstate commerce iii view dissent wrong holding reasoning gibbons error leads dissent characterize first years case law wrong turn feel compelled put last years proper perspective gibbons examined whether federal law licensed ships engage coasting trade new york law granting monopoly robert livingston robert fulton navigate state waterways steamship concluding noted congress regulate navigation america uniformly understood word commerce comprehend navigation understood must understood constitution framed also observed federal power commerce among several meant congress regulate commerce conducted partly within lopez state portion interstate commerce foreign commerce almost always take place within one federal power interstate foreign commerce necessarily extend time took great pains make clear congress regulate commerce completely internal carried man man state different parts state extend affect moreover suggesting constitution might permit regulate interstate foreign commerce observed nspection laws quarantine laws health laws every description well laws regulating internal commerce state small part immense mass legislation surrendered general government early moment rejected notion congress regulate everything affects interstate commerce internal commerce numerous state inspection quarantine health laws substantial effects interstate commerce doubted nevertheless surrendered general government course principal dissent first misconstrue gibbons instance stated gibbons described federal commerce power breadth never yet exceeded wickard filburn see also perez claiming darby wickard broader view commerce clause announced chief justice marshall restored believe misreading stems two statements gibbons first made uncontroversial claim federal power encompass commerce lopez extend affect emphasis added statement principal dissent infers whenever activity affects interstate commerce necessarily follows congress regulate activities course chief justice marshall said thing inference dissent makes drawn much better interpretation affect language earlier noted commerce power extend wholly intrastate commerce acknowledging although line intrastate commerce difficult draw federal authority construed cover purely intrastate commerce commerce affect another state never said commerce among several even one adopt dissent reading affect language permits congress regulate intrastate commerce substantially affects interstate foreign commerce reason believe chief justice marshall asserting congress regulate activities affect interstate commerce see ibid second source confusion stems praise constitution division power federal government genius character whole government seem action applied external concerns nation internal concerns affect generally completely within particular state affect necessary interfere purpose executing general powers government lopez aware cases prior new deal characterized power flowing commerce clause sweepingly substantial effects test review case law indicates substantial effects test innovation century even gibbons chief justice marshall writing cohens virginia wheat noted congress general right punish murder committed within clear congress punish felonies generally qualification congress enact laws lopez places enjoyed plenary powers instance district columbia thus whatever effect ordinary murders robbery gun possession might interstate commerce subject federal concern irrelevant question congressional power dewitt wall marked first time struck federal law exceeding power conveyed commerce clause opinion invalidated nationwide law prohibiting sales naphtha illuminating oils remarked commerce clause always understood limited terms virtual denial power interfere internal trade business separate law question plainly regulation police constitutional lopez application congress exclusive authority territories see also license tax cases wall congress interfere internal commerce business state cases congress regulate internal commerce thus may establish national trademark registration knight held mere attempts monopolize manufacture sugar regulated pursuant commerce clause raising echoes discussions framers regarding intimate relationship commerce manufacturing declared ommerce succeeds manufacture part also approvingly quoted kidd pearson distinction popular common mind clearly expressed economic political literature manufacture commerce held term commerce includes regulation manufactures intended subject commercial transactions future impossible deny also include productive industries contemplate thing result congress invested power regulate manufactures also agriculture horticulture stock raising domestic fisheries mining short every branch human industry knight lopez recently continued insist commerce clause reach wholly internal business see carter carter coal congress may regulate mine labor relation employer employee local relation see also schechter poultry holding congress may regulate intrastate sales sick chickens labor employees involved intrastate poultry sales federal government simply reach subjects regardless effects interstate commerce cases establish simple point time ratification constitution widely understood constitution granted congress limited powers notwithstanding commerce clause moreover question lopez activities wholly separated business gun possession beyond reach commerce power anything wrong turn dramatic departure century half precedent iv apart recent vintage corresponding lack grounding original understanding constitution substantial effects test suffers flaw appears grant congress police power nation asked oral argument limits commerce clause government loss words tr oral arg likewise principal dissent insists limits muster even one example post indeed dissent implicitly concedes reading limits criticizes threaten ing legal uncertainty area law seemed reasonably well settled post one advantage dissent standard certainty certain analysis everything may regulated guise commerce clause substantial effects test suffers flaw part aggregation principle class activities statutes congress regulate whole categories activities either interstate commerce applying effects test ask whether class activities whole substantially affects interstate commerce whether specific activity within class effects considered isolation see maryland wirtz class activities lopez within reach federal power courts may excise individual applications trivial quoting darby aggregation principle clever stopping point suppose agree gun possession within feet school substantially affect commerce possession weapons generally knives brass knuckles nunchakus etc substantial effects doctrine even though congress single gun possession prohibit weapon possession generally one always draw circle broadly enough cover activity taken isolation substantial effects commerce jurisprudence congress passed omnibus substantially affects interstate commerce statute purporting regulate every aspect human existence act apparently constitutional even though particular sections may govern trivial activities statute aggregate regulates matters substantially affect commerce extended discussion original understanding first century half case law necessarily require wholesale abandonment recent opinions simply reveals substantial effects test far removed constitution early case law opinion viewed radical another wrong turn must corrected future lopez analysis also suggests temper commerce clause jurisprudence unless dissenting justices willing repudiate understanding limited nature federal power think must willing reconsider substantial effects test future case wish true constitution cede police power federal government commerce clause boundaries simply defined commensurate national needs intended let federal government defend economic forces congress decrees inimical destructive national economy see post breyer dissenting quoting north american sec formulation federal power test blank check lopez appropriate juncture think must modify commerce clause jurisprudence today easy enough say clause certainly empower congress ban gun possession within feet school references federalist jacob cooke edition even speak commerce clause perhaps obscures actual scope clause original matter congress authority regulate commerce congress regulate commerce foreign nations among several indian tribes art cl although precise line commerce purely intrastate commerce hard draw attempted adhere line first years nation see infra powers granted congress outside art lopez may become wholly superfluous well due distortion commerce clause instance congress plenary power district columbia territories see art cl art iv cl grant comprehensive legislative power certain areas nation read conjunction rest constitution confirms congress ceded plenary authority whole nation cf debates pendleton virginia convention proposed federal government intermeddle local particular affairs congress legislate state virginia make law altering form transferring property rule descents virginia marshall virginia convention denying congress make laws affecting mode transferring property contracts claims citizens state federalist hamilton denying congress change laws descent land tax native virginia observations upon proposed plan federal government apr documentary history sole authority rules property none commerce clause opinions chief justice marshall tenure concerned dormant commerce clause even suggested congress authority matters substantially affecting commerce see brown maryland wheat willson black bird creek marsh pet worth noting congress first federal criminal act establish nationwide prohibitions murder like see act april ch stat sure congress outlawed murder manslaughter maiming larceny acts either committed territory part state high seas ibid see art cl authorizing congress outlaw piracy felonies high seas art iv cl plenary authority territory property congress enact nationwide criminal laws acted pursuant direct grants authority found constitution compare act april supra prohibitions treason counterfeiting securities art cl counterfeiting art iii cl treason notwithstanding substantial effects murder kidnaping gun possession might interstate commerce congress understood establish nationwide prohibitions likewise laws early congresses regulated manufacturing agriculture statute purported regulate activities substantial effects interstate commerce sure congressional power pursuant commerce clause alternatively described less narrowly narrowly period compare coombs pet commerce power extends acts done land interfere obstruct prevent due exercise power regulate interstate international commerce stealing goods beached ship knight contracts buy sell exchange goods transported among several transportation instrumentalities may regulated form part interstate trade commerce lopez period however never held congress regulate everything substantially affects commerce although might willing return original understanding recognize many believe late day undertake fundamental reexamination past years consideration stare decisis reliance interests may convince us wipe slate clean majority opinion fairly compared lochner new york see post souter dissenting lopez unlike lochner recent substantive due process cases today decision enforces constitution judicial policy judgments see post notwithstanding justice souter discussion commercial character natural inevitable ground commerce clause distinction see post emphasis added invalidation school zones act therefore falls comfortably within proper role reviewing federal legislation determine exceeds congressional authority defined constitution john marshall put congress make law warranted powers enumerated considered judges infringement constitution guard declare void debates virginia ratifying convention see also federalist james madison asserting congress exercises powers warranted constitution true meaning judiciary defend constitution hamilton asserting courts justice considered bulwarks limited constitution legislative encroachments case controversy misstep post enforcing constitution lopez justice stevens dissenting welfare future commerce foreign nations among several art cl vitally dependent character education children therefore agree entirely justice breyer explanation congress ample power prohibit possession firearms near schools may protect school environment harms posed controlled substances asbestos alcohol also agree justice souter exposition radical character holding kinship discredited version substantive due process cf dolan tigard slip stevens dissenting believe however extraordinary decision merits additional comment guns articles commerce articles used restrain commerce possession consequence either directly indirectly commercial activity judgment congress power regulate commerce firearms includes power prohibit possession guns location potentially harmful use necessarily follows congress may also prohibit possession particular markets market possession handguns lopez children distressingly substantial whether national interest eliminating market justified federal legislation surely today indeed evidence firearm manufacturers aided federal grant specifically targeting school children consumers distributing schools videos styled educational materials grades four herbert reading writing reloading times lopez justice souter dissenting reviewing congressional legislation commerce clause defer often merely implicit congressional judgment regulation addresses subject substantially affecting interstate commerce rational basis finding hodel virginia surface mining reclamation preseault icc see maryland wirtz quoting katzenbach mcclung congressional determination within realm reason remaining question judicial inquiry whether means chosen congress reasonably adapted end permitted constitution hodel virginia surface mining reclamation supra quoting heart atlanta motel see also preseault icc supra practice deferring rationally based legislative judgments paradigm judicial restraint fcc lopez beach communications slip judicial review commerce clause reflects respect institutional competence congress subject expressly assigned constitution appreciation legitimacy comes congress political accountability dealing matters open wide range possible choices see slip hodel virginia surface mining reclamation supra carolene products cf williamson lee optical ever thus however even brief overview commerce clause history past century reminds us modern respect competence primacy congress matters affecting commerce developed one chastening experiences perforce repudiated earlier untenably expansive conception judicial review derogation congressional commerce power look history sequence serve show today decision tugs course leading suggest opportunities developments odds rule restraint still wisely adherence notwithstanding recognition broad commerce power gibbons ogden wheat marshall congress saw occasions exercise power prior reconstruction see generally warren history rev ed really passage interstate commerce act opened new age congressional reliance commerce clause authority exercise lopez general police powers national level see although upheld fair amount ensuing legislation within commerce power see stafford wallace upholding act regulating trade practices meat packing industry shreveport rate cases upholding icc order equalize intrastate rail rates see generally warren supra period turn century better noted series cases applying highly formalistic notions commerce invalidate federal social economic legislation see carter carter coal striking act prohibiting unfair labor practices coal industry regulation mining production commerce schechter poultry striking congressional regulation activities affecting interstate commerce indirectly hammer dagenhart striking act prohibiting shipment interstate commerce goods manufactured factories using child labor act regulated manufacturing commerce adair striking protection labor union membership outside commerce restrictive views commerce subject congressional power complemented activism limiting enforceable scope state economic regulation familiar history period routinely invalidated state social economic legislation expansive conception fourteenth amendment substantive due process see louis liggett baldridge striking state law requiring pharmacy owners licensed pharmacists coppage kansas striking state law prohibiting employers requiring employees agree join labor lopez organizations lochner new york striking state law establishing maximum working hours bakers see generally tribe american constitutional law ed fulcrums judicial review cases notions liberty property characteristic economics whereas commerce clause cases turned ostensibly structural limit federal power conception judicial review character first third century showed exacting judicial scrutiny legislature choice economic ends legislative means selected reach merely coincidental sea changes conceptions authority due process commerce clauses occurred virtually together west coast hotel parrish nlrb jones laughlin steel see stern commerce clause national economy harv rev west coast hotel rejection due process challenge state law fixing minimum wages women children marked abandonment expansive protection contractual freedom two weeks later jones laughlin affirmed congressional commerce power authorize nlrb injunctions unfair labor practices finding regulated activity direct enough effect commerce since seen beginning abandonment practical purposes formalistic distinction direct indirect effects years following decisions deference legislative policy judgments commercial regulation became powerful theme due process commerce clauses see carolene products darby lopez wrightwood dairy due course deference became articulate standard rationality review due process litigation statement rational basis test came quickly see carolene products supra see also williamson lee optical parallel formulation commerce clause test came later complete elimination effects dichotomy acceptance cumulative effects doctrine wickard filburn wrightwood dairy supra far settled pressing issues congressional power commerce leave years without need phrase test explicitly deferring rational legislative judgments moment came however challenge congressional commerce clause authority prohibit racial discrimination places public accommodation simply made explicit earlier cases implied find legislators light facts testimony rational basis finding chosen regulatory scheme necessary protection commerce investigation end katzenbach mcclung discussing darby supra see heart atlanta motel thus commerce due process adoption rational basis review expressed recognition sustainable basis subjecting economic regulation judicial policy judgments past turned back direction formalistic commerce clause review deciding whether regulation commerce sufficiently direct inclined toward reasserting substantive authority lochner due process inflated protection lopez contractual autonomy see maryland wirtz perez hodel virginia surface mining reclamation ii today however backward glance old pitfalls treats deference rationality rule subject gradation according commercial noncommercial nature immediate subject challenged regulation see ante distinction patently commercial looks much like old distinction directly affects commerce touches indirectly act calibrating level deference drawing line patently commercial less purely probably resemble process deciding much interference contractual freedom fatal thus seems fair ask whether step taken today anything portend return untenable jurisprudence extricated almost years ago answer reassuring sure occasion today decision reflects century end beginning seems anomalous congress taken regulating school yards act question still probably remarkable state regulation bake shops years ago event reason hope qualification rational basis review successful efforts substantive economic review made predecessors century began taking opinion terms justice breyer explained hopeless porosity commercial character ground commerce clause distinction america highly connected economy inconsistency lopez categorization rational basis precedents last years glosses rationality review moreover may offing although case turns commercial character gestures toward two considerations might sometime entertain applying rational basis scrutiny apart statutory obligation supply independent proof jurisdictional element congressional statute deal subjects traditional state regulation statute contain explicit factual findings supporting otherwise implicit determination regulated activity substantially affects interstate commerce appeal considerations may depends ignoring painful lesson learned neither suggestions square rational basis scrutiny observes school zones act operates two areas traditionally subject legislation education enforcement criminal law suggestion either connection commerce subjects remote commerce power simply weaker touches subjects historically primary legislators neither suggestion tenable remoteness may may wise national government deal education justice breyer surely demonstrated commercial prospects illiterate state nation rosy argument needed show hijacking interstate shipments cigarettes affect commerce substantially even though traditionally prosecuted robbery notion commerce power diminishes closer gets customary state concerns idea lopez flatly rejected long ago commerce power often observed plenary hodel virginia surface mining reclamation darby supra see garcia san antonio metropolitan transit authority gibbons ogden justice harlan put way speaking maryland wirtz general doctrine implied federal constitution two governments national state exercise powers interfere free full exercise powers clear federal government acting within delegated power may override countervailing state interests long ago put rest contention state concerns might constitutionally outweigh importance otherwise valid federal statute regulating commerce citations internal quotation marks omitted contrary authority reasoning cases imposing clear statement rules instances legislation significantly alter balance absence clear statement congressional design example refused interpret ambiguous federal statutes limit fundamental state legislative prerogatives gregory ashcroft supra understanding prerogatives state defines sovereign powers congress readily interfere likewise faced two plausible interpretations lopez federal criminal statute generally take alternative force us impute intention congress use full commerce power regulate conduct traditionally ably regulated see enmons bass rewis clear statement rules however merely rules statutory interpretation relied upon terms statute allow culbert see gregory ashcroft supra bass supra cases implicating congress historical reluctance trench state legislative prerogatives enter spheres already occupied gregory ashcroft supra bass supra see rewis supra rules determining intent legislation leaves intent subject question hesitance presume congress acted alter status quo presented plausible alternative relevance whatever enquiry whether commerce power standard judicial review congress definitely meant exercise power indeed allow hesitance affect standard review inevitably degenerate sort substantive policy review found indefensible years ago assert plausibly maintain commerce power wholly devoid congressional authority speak subject traditional state concern congressional action forbidden absolutely touches subject stand fall depending view strength legislation commercial justification history raises objections lopez previous essays overriding congressional policy choices commerce clause ultimately seen suffer two fatal weaknesses dealing acts congress distinct state legislation subject review theory dormant commerce power nothing clause compelled judicial activism nothing judiciary institution made superior source policy subject congress dealt reason expect lesson different another time remain questions legislative findings appeals expressed view result case might well different congress made explicit findings guns schools substantial effect interstate commerce today repudiate position see ante might aided findings subjected legislation less exacting scrutiny put another way deferred findings congress made answer either question lopez must although general matter findings important hoped difficult cases natural look help hard job reviewing claim congress exceeded commerce power much harder cases others challenge congressional regulation interstate garbage hauling easy resolve review congressional regulation gun possession school yards difficult link interstate commerce less obvious initial ignorance relevant facts case comparable one may dig hard make responsible judgment congress reasonably find case may close judges tend familiar facts may may make close ease review may vary case case follow standard review vary much less explicit findings fact even directly address standard question courts agree whether predicate legislation congress fact found particular activity substantially affects interstate commerce legislation implies finding reason entertain claims congress acted ultra vires intentionally question whether congress correct finding question whether legislative judgment within realm reason see hodel virginia surface mining reclamation katzenbach mcclung railroad retirement bd alton hughes dissenting cf fcc lopez beach communications slip equal protection context attacking rationality legislative classification burden negative every conceivable basis might support entirely irrelevant constitutional purposes whether conceived reason challenged distinction actually motivated legislature citations internal quotation marks omitted ferguson skrupa williamson lee optical congressional findings however directly address question reasonableness tell us congress actually found rationally find indeed make existence explicit congressional findings dispositive close difficult cases something rationality review afoot resulting congressional obligation justify policy choices merits imply either judicial authority review justification hence wisdom choices authority require congress act high degree deliberateness express findings evidence review congressional wisdom old judicial pretension discredited abandoned review deliberateness patently unconstitutional act congress mandating long opinions legislative process requirement function merely excuse covert review merits legislation standards never expressed less arbitrarily applied regime case rationality standard review thing past hand say courts applying rationality standard may defer findings course say findings pointless may fact great value telling courts look lopez establishing least one frame reference review citing factual authority research underlying justice breyer dissent necessarily major undertaking help welcome incidentally shrinks risk judicial research miss material scattered across public domain buried pounds legislative record congressional findings particular plane record illustrates accordingly earned judicial thanks thanks carry day long rational possibility touchstone allow possibility opinion may ante addition congressional findings principle affected fate statute iii justice breyer opinion demonstrates beyond doubt act question passes rationality review continues espouse today decision may seen misstep reasoning suggestions quite gear prevailing standard hardly epochal case argue otherwise raise caveat every epochal case come epochal trappings jones laughlin reject standard many words said relation regulated subject matter commerce direct enough know happened respectfully dissent case question raised means ends issue effect school zone guns commerce unlike perhaps see reason consider congress findings insofar might helpful reviewing challenge statute even though adopted later legislation see violent crime control law enforcement act pub stat occurrence violent crime school zones resulted decline quality education country decline adverse impact interstate commerce foreign commerce congress power interstate commerce clause provisions constitution enact measures ensure integrity safety nation schools enactment subsection findings however go expressing obviously implicit substantive legislation conclusory level generality add virtually nothing record solicitor general certainly exercised lopez sound judgment placing significant reliance particular afterthoughts tr oral arg lopez justice breyer justice stevens justice souter justice ginsburg join dissenting issue case whether commerce clause authorizes congress enact statute makes crime possess gun near school supp view statute falls well within scope commerce power understood power last reaching conclusion apply three basic principles commerce clause interpretation first power regulate commerce among several art cl encompasses power regulate local activities insofar significantly affect interstate commerce see gibbons ogden wheat marshall wickard filburn majority points ante describing much effect clause requires sometimes used word substantial sometimes compare wickard supra substantial economic effect hodel virginia surface mining reclamation lopez affects interstate commerce see also maryland wirtz cumulative effect must trivial nlrb jones laughlin steel speaking close substantial relation activity commerce substantial effect emphasis added gibbons supra words commerce clause comprehend commerce completely internal affect majority also recognizes quoting justice cardozo question degree much effect requires estimate size effect verbal formulation capture precision see ante use word significant word substantial implies somewhat narrower power recent precedent suggests see perez daniel paul speak substantial effect rather significant effect make difference case second determining whether local activity likely significant effect upon interstate commerce must consider effect individual act single instance gun possession rather cumulative effect similar instances effect guns possessed near schools see wickard supra put matter almost years ago enough individual activity multiplied general practice contains threat interstate economy requires preventative regulation mandeville island farms american crystal sugar citations omitted lopez recognize must judge matter independently imply congress may conclude particular activity substantially affects interstate commerce necessarily make hodel supra rehnquist concurring judgment also recognize congress write specific interstate commerce findings law lopez convicted nonetheless already noted matter review independently whether rational basis already considerable leeway built absence findings deprives statute benefit extra leeway extra deference principle might change result close case though practice made critical legal difference see katzenbach mcclung noting formal findings made course necessary perez supra cf turner broadcasting system fcc opinion kennedy slip congress obligated enacting statutes make record type administrative agency accommodate judicial review fullilove lopez klutznick powell concurring congress legislated repeatedly area national concern members gain experience may reduce need fresh hearings prolonged debate seem particularly unfortunate make validity statute hand turn presence absence findings congress make findings though lopez prosecuted appear elevate form substance see pub stat addition despite appeals suggestion contrary see special need clear indication congress rationale statute interfere exercise state local authority dellmuth muth requiring clear statement abrogation eleventh amendment immunity moreover clear statement rule apply determine congress intended result clarify source authority measure level consideration went decision doubt activities congress intended regulate see ibid scalia concurring subject suits money damages congress need make intent clear need refer explicitly eleventh amendment eeoc wyoming congress need recite constitutional provision authorizes action ii applying principles case hand must ask whether congress rational basis finding significant substantial connection school violence interstate lopez commerce put question language explicit finding congress made amended law congress rationally found violent crime school zones effect quality education significantly substantially affects interstate foreign commerce long one views commerce connection technical legal conception practical one swift holmes answer question must yes numerous reports studies generated inside outside government make clear congress reasonably found empirical connection law implicitly explicitly asserts see appendix infra sample documentation well complete citations sources referenced one thing reports hearings readily available literature make clear problem guns around schools widespread extremely serious materials report example four percent american high school students six percent high school students carry gun school least occasionally centers disease control sheley mcgee wright percent urban high school students guns fired ibid percent students threatened guns ibid period several hundred thousand victims violent crimes near schools dept justice house select committee hearing report widespread violence schools throughout nation significantly interferes quality education schools see house judiciary committee hearing linking school violence dropout lopez rate dept health victims suffer academically compare dept justice gun violence worst inner city schools national center dropout rates highest inner cities based reports congress obviously thought guns learning mutually exclusive senate labor human resources committee hearing dept health congress therefore found substantial educational problem teachers unable teach students unable learn concluded guns near schools contribute substantially size scope problem found guns schools significantly undermine quality education nation classrooms congress also found given effect education upon interstate foreign commerce violence around schools commercial well human problem education although far matter economics long inextricably intertwined nation economy nation began workers received education workplace typically like benjamin franklin apprentices see generally seybolt rorabaugh dept labor late many workers still received general education directly employers large corporations general electric ford goodyear created schools within firms help worker firm see bolino throughout century fewer one percent americans received secondary education attending high school see public school enrollment grew early century see becker need industry teach basic educational skills diminished direct economic link basic education industrial productivity lopez remained scholars estimate nearly quarter america economic growth early years century traceable directly increased schooling see denison investment human capital spending education exceeded investment physical capital ratio almost two one see schultz economic returns investment education exceeded returns conventional capital investment see davis morrall recent years link secondary education business strengthened becoming direct important scholars subject report technological changes innovations management techniques altered nature workplace jobs demand greater educational skills see mit company workers qualified work new process requires reading mathematical skills cyert mowery gap wages high school dropouts better trained workers increasing dept labor job openings dropouts declining time evidence service manufacturing construction jobs displaced technology requires worker likely exported overseas gordon ponticell morgan workers truly skills year find one job ten remain ibid ver long haul best way encourage growth jobs upgrade skills work force workers become productive workers enabling company become competitive expand henkoff lopez finally evidence today ever many firms base location decisions upon presence absence work force basic education see maccormack newman rosenfield coffee scholars subject report example today igh speed communication transportation make possible produce products services anywhere world national center odern machinery production methods lopez therefore combined low wage workers drive costs ibid managers perform back office functions anywhere world say ca get enough skilled workers move skilled jobs country consequence rich countries need better education retraining reduce supply unskilled workers equip skills require tomorrow jobs survey global economy light increased importance education individual firms surprise half nation manufacturers become involved setting standards shaping curricula local schools maturi percent think kind involvement important recently passed educational reforms attract new business overman business magazines begun rank cities according quality schools see boyle economic links sketched seem fairly obvious equally obvious light links widespread serious substantial physical threat teaching learning also substantially threatens commerce teaching learning inextricably tied say guns hands six percent high school students violence throughout city schools must threaten trade commerce schools support question whether latter threat use majority terminology substantial evidence extent violence problem see supra extent resulting negative effect classroom learning see supra extent consequent negative commercial effects see supra taken together indicate threat trade commerce substantial least congress lopez rationally concluded links substantial specifically congress found violence near classroom poses serious economic threat consequently inadequately educated workers must endure low paying jobs see national center communities businesses might today information society otherwise gain work force important commercial advantage see becker kind location near railhead harbor provided past congress might also found threats different kind threats found within commerce power threat loan sharking poses funds numerous localities perez unfair labor practices pose instrumentalities commerce see consolidated edison nlrb pointed supra congress written occurrence violent crime school zones brought decline quality education adverse impact interstate commerce foreign commerce facts educational facts economic facts taken together make conclusion rational case law see supra infra sufficiency constitutionally necessary commerce clause link crime violence interstate commerce turns simply upon size degree facts make statute constitutional hold statute constitutional obliterate distinction national local ante citation omitted internal quotation marks omitted hold commerce clause lopez permits federal government regulate activity found related economic productivity individual citizens regulate marriage divorce child custody regulate aspects education ante one thing statute aimed curbing particularly acute threat educational process possession use firearms near classroom empirical evidence discussed unmistakably documents special way guns education incompatible see supra previously recognized singularly disruptive potential interstate commerce acts violence may see perez supra another thing immediacy connection education national economic documented scholars accepted society large way degree may hold true social institutions must surely rare case statute strikes conduct considered abstract seems removed commerce practically speaking significant impact upon commerce sum holding particular statute us falls within commerce power expand scope clause rather simply apply law changing economic circumstances see heart atlanta motel recognize today economic world violence near classroom makes significant difference economic well social accordance precedent holding permit congress act terms economic realities interpret commerce power affirmative power commensurate national needs acknowledge commerce clause operate lopez render nation powerless defend economic forces congress decrees inimical destructive national economy north american sec citing swift holmes iii majority holding falls outside scope commerce clause creates three serious legal problems first majority holding runs contrary modern cases upheld congressional actions despite connections interstate foreign commerce less significant effect school violence perez supra held commerce clause authorized federal statute makes crime engage loan sharking xtortionate credit transactions local level said congress may judge transactions though purely intrastate affect interstate commerce emphasis added presumably congress reasoned threatening using force say gun street corner collect debt occurs sufficiently often activity helping organized crime affects commerce among congress also reason threat use force frequent consequence possessing gun near school occurs sufficiently often activity inhibiting basic education affects commerce among negative impact upon national economy inability teach basic skills seems smaller less significant organized crime katzenbach mcclung upheld within commerce power statute prohibiting racial discrimination local restaurants part discrimination discouraged travel african americans part discrimination lopez affected purchases food restaurant supplies see heart atlanta motel supra black concurring mcclung heart atlanta daniel paul found effect commerce caused amusement park located several miles country road middle alabama customers assumed food paddleboats juke box come state see cases understood specific instance discrimination local place accommodation part general practice considered whole caused serious human social harm nationally significant economic dimensions well see mcclung supra daniel supra difficult distinguish case us critical elements present businesses less likely locate communities violence plagues classroom families hesitate move neighborhoods students carry guns instead books congress expressly found parents may decline send children school certain areas due concern violent crime gun violence look matter narrowly commercial manner interstate publishers therefore sell fewer books firms sell fewer school supplies threat violence disrupts learning importantly like local racial discrimination issue mcclung daniel local instances taken together considered whole create problem causes serious human social harm also nationally significant economic dimensions wickard filburn sustained application agricultural lopez adjustment act wheat filburn grew consumed local farm considered totality wheat may induced rising prices flow market check price increases even never actually enters market wheat nonetheless supplies need man grew otherwise reflected purchases open market sense competes wheat commerce find effects commerce significant amount give congress benefit doubt find significant substantial effect give congress greater leeway see also women sportswear manufacturers interstate commerce feels pinch matter local operation applies squeeze mandeville island farms american crystal sugar enough individual activity multiplied general practice contains threat interstate economy requires preventative regulation second legal problem creates comes apparent belief reconcile holding earlier cases making critical distinction commercial noncommercial transaction ante say believes constitution distinguish two local activities identical effect upon interstate commerce one commercial nature general matter approach fails heed earlier warning turn questions power congress upon formula give controlling force nomenclature production indirect foreclose consideration lopez actual effects activity question upon interstate commerce wickard supra importantly distinction commercial noncommercial activities made case make majority clearly intend distinction focus narrowly act gun possession standing reading reconciled either civil rights cases mcclung daniel perez cases specific transaction exclusion use force commercial majority instead means distinguish generally among broad categories activities differentiating educational commercial practical matter line becomes almost impossible lopez draw schools teach reading writing mathematics related basic skills serve social commercial purposes one easily separate one american industry involved teaching see supra extent involvement make education commercial number vocational classes train students directly jobs make difference matter school public private nonprofit matter city state adopts voucher plan pays private firms run school even one ignore practical questions theoretical distinction education significantly benefits commerce environmental pollution causes economic harm see hodel virginia surface mining reclamation regardless principled distinction work future cases congress even absence vocational classes industry involvement private management rationally conclude schools fall commercial side line year congress enacted statute us primary secondary schools spent billion nearly quarter trillion dollars accounts significant portion trillion gross domestic product year see statistical abstract business schooling requires expenditure funds student transportation food custodial services books teachers salaries see dept education expenditures enable schools provide valuable service namely equip students skills need survive life specifically workplace certainly congress often analyzed school expenditure commercial investment closely analyzing whether lopez schools efficient whether justify significant resources spend whether restructured achieve greater returns see federal school assistance prudent investment senate appropriations committee hearing private sector management public schools cf chubb moe school choice hanushek performance based incentives educators gibbs decision hartford contract public school system congress commerce clause purposes consider schools roughly analogous commercial investments nation derives benefit educated work force third legal problem created holding threatens legal uncertainty area law case seemed reasonably well settled congress enacted many statutes sections code including criminal statutes least sections use words affecting commerce define scope see destruction buildings used activity affecting interstate commerce statutes contain jurisdictional language see possession machine guns similar statutes regulate noncommercial activities alter meaning affecting commerce jurisdictional element cf staszcuk en banc stevens evaluation congress intent requires consideration consequences particular transaction importantly absence jurisdictional element courts nevertheless take wickard later similar cases inapplicable judge effect single noncommercial activity interstate commerce without considering similar instances lopez forbidden conduct however questions eventually resolved legal uncertainty created restrict congress ability enact criminal laws aimed criminal behavior considered problem problem rather instance instance seriously threatens economic well social americans iv sum find legislation within scope commerce clause permit congress act terms economic realities north american sec citing swift holmes interpret clause traditionally interpreted exception one wrong turn subsequently corrected see gibbons ogden holding commerce power extends external concerns nation internal concerns affect generally darby conclusion inescapable hammer dagenhart child labor case departure principles prevailed interpretation commerce clause since decision overruled upholding legislation simply recognize congress rational basis finding significant connection guns near schools effect education interstate foreign commerce threaten reasons reverse judgment appeals respectfully dissent lopez appendix congressional materials reverse chronological order children gun violence hearings subcommittee juvenile justice senate committee judiciary sess senate judiciary committee hearing keeping every child safe curbing epidemic violence joint hearing subcommittee children family drugs alcoholism senate committee labor human resources house select committee children youth families sess recess violence making schools safe hearing subcommittee education arts humanities senate committee labor human resources sess senate labor human resources committee hearing preparing economy century hearings subcommittee children family drugs alcoholism senate committee labor human resources sess lopez children carrying weapons recent increase hearing senate committee judiciary sess youth violence prevention hearing senate committee governmental affairs sess school dropout prevention basic skills improvement act pub stat excellence mathematics science engineering education act stat supp oversight hearing education reform american business implementation amendments hearing subcommittee elementary secondary vocational training house committee education labor sess power changing world report prepared subcommittee international economic policy trade house committee foreign affairs gun free school zones act hearing subcommittee crime house committee judiciary sess house judiciary committee hearing restoring american productivity role education human resources hearing senate committee labor human resources sess lopez children guns hearing house select committee children youth families sess house select committee hearing education training competitive america act pub title vi stat education training american competitiveness hearings house committee education labor sess competitiveness quality american work force hearings subcommittee education health joint economic committee pts oversight hearing illiteracy joint hearing subcommittee elementary secondary vocational education house committee education labor subcommittee education arts humanities senate committee labor human resources sess oversight illiteracy hearings subcommittee elementary secondary vocational education house committee education labor sess crime violence schools hearing subcommittee juvenile justice senate committee judiciary sess pts lopez education economic security act hearings subcommittee education arts humanities senate committee labor human resources sess pub stat clarke art industry instruction drawing applied industrial fine arts exec doc pt federal government materials reverse chronological order economic report president dept commerce statistical abstract statistical abstract dept education office educational research improvement public school education financing school year june dept education economic report president dept labor secretary commission achieving necessary skills skills tasks jobs scans report america lopez dept labor employment training administration beyond school doors literacy needs job seekers served department labor dept justice bureau justice statistics school crime national crime victimization survey report dept justice dept commerce bureau census census population education dept justice office juvenile justice delinquency prevention weapons schools ojjdp bulletin dept justice dept labor bureau labor statistics handbook labor statistics handbook labor statistics bishop incentives learning american high school students compare poorly counterparts overseas dept labor commission workforce quality labor market efficiency investing people rumberger levin schooling modern workplace dept labor commission workforce quality labor market efficiency investing people dept education department labor bottom line basic skills workplace lopez dept labor employment training administration estimating educational attainment future employment demand dept labor dept health education welfare national institute education violent schools safe schools safe school study report congress dept health dept labor bureau apprenticeship apprenticeship past present dept labor readily available materials alphabetical order american council education education forum america competitive challenge report president apr applebome employers wary school system times real estate firms ready ride infobahn information highway technology national real estate investor aring word costing america economy vocational education phi delta kappan atkinson economics education lopez becker adam smith address education labor force quality economy business economics becker becker human capital ed becker berg education jobs great training robbery berryman economy literacy requirements adults literacy marketplace improving literacy single mothers june bishop test score decline responsible productivity growth decline econ rev mar bishop high school performance employee recruitment labor research blackburn explain increase earnings inequality among males industrial relations boissiere knight sabot earnings schooling ability cognitive skills econ rev bolino century human capital education training bolino boyle expansion management education quotient economic development winter pp boyle brandel wake get smart new england business may lopez callahan rivara urban high school youth handguns survey jama card krueger school quality matter returns education characteristics public schools pol econ carnevale america new economy new competitive standards radically changing american workplaces carnevale porro quality education school reform new american economy center prevent handgun violence caught crossfire report gun violence nation schools centers disease control leads morbidity mortality weekly report jama centers disease control chubb hanushek reforming educational reform setting national priorities aaron ed chubb hanushek chubb moe politics markets america schools chubb moe coffee survey worker skills training important site selection site selection april coffee cohn economics education lopez council competitiveness competitiveness index july council competitiveness elevating skills american workforce may council competitiveness governing america competitiveness policy agenda new administration cyert mowery technology employment innovation growth economy cyert mowery cynoweth enhancing literacy jobs productivity council state policy planning agencies report davis morrall evaluating educational investment davis morrall denison education growth economics education rogers ruchlin eds denison dertouzos lester solow mit commission industrial productivity made america regaining productive edge deyoung economics american education historical critical overview impact economic theories schooling downs america educational failures hurt real estate national real estate investor lopez doyle role private sector management public education phi delta kappan education economic development anderson bowman eds education commission task force education economic growth action excellence june educational testing service developing skills knowledge workforce finding really works education chief executive may ganderton griffin impact child quality earnings hypothesis contemporary policy issues july garver success story evolution economic development broward county florida economic development review summer gibbs schools profit time gibbs gintis education technology characteristics worker productivity econ rev glazer human capital policy cities public interest summer glazer violence schools anything done curb growing violence cq researcher pp lopez gordon ponticell morgan closing literacy gap american business gordon ponticell morgan hanushek making schools work improving performance controlling costs hanushek henkoff jobs come fortune henkoff herbert reading writing reloading times industry new schoolhouse times section education life supp introducing eq education quotient expansion management pp investment education quandary schultz ed itzkoff america unspoken economic dilemma falling intelligence levels social pol econ studies johnson private sector help schools financier johnson stafford social returns quantity quality schooling human resources johnston packer workforce work workers century lopez jorgenson contribution education economic growth education economic productivity dean ed kirkland service jobs good jobs fortune june kozol illiterate america kozol stands republic illiteracy warning challenge nation press levin shank educational investment urban society costs benefits public policy link ratledge social returns quantity quality education statement human resources lyne skills gap woes complicate equation site selection maccormack newman rosenfield new dynamics global manufacturing site location sloan management review maccormack newman rosenfield machlup education economic growth markey labor market problems today high school dropouts monthly labor review june lopez marshall implications internationalization labor market institutions industrial relations systems rethinking employment policy bawden skidmore eds marshall marshall tucker thinking living work skills future american economy marshall tucker maturi workforce lure carries weight siting decisions industry week may pp maturi maurice sellier silvestre social foundations industrial power comparison france germany mikulecky job literacy relationship school preparation workplace actuality reading research quarterly mikulecky ehlinger influence metacognitive aspects literacy job performance electronics technicians reading behavior mit commission industrial productivity education training developing human resources need technological advance competitiveness working papers mit commission industrial productivity mit mitchell impact international trade employment american labor changing world economy morehouse ed morgan sirageldin note quality dimension education pol econ lopez national academy education economic dimensions education national center education economy america choice high skills low wages national center national commission excellence education nation risk apr national commission jobs small business making america work jobs small business international challenge national governor association making america work national institute justice research brief toby violence schools national school safety center weapons schools may neef kask manufacturing productivity labor costs economies monthly labor review neef kask neff recharging competitiveness perhaps use germany education system benchmark industry week education significance location factor parallels nationwide reformist movement site selection handbook economic dimensions education lopez organisation economic development education economy changing society overman skilled lure new business hrmagazine pp overman packer taking action scans report educational leadership mar perlman economics education conceptual problems policy issues price fighting violence mushy stuff usa today may deadly consequences psacharopoulos returns education international comparison rasell appelbaum investment learning assessment economic return ray mickelson corporate leaders resistant youth school reform sunbelt city political economy education social problems reich work nations riddle growth role service sector world development rorabaugh craft apprentice franklin machine age america rorabaugh lopez rumberger daymont economic value academic vocational training acquired high school youth labor market borus ed ruttenberg limited promise public health methodologies prevent youth violence yale ryscavage henle earnings inequality accelerates monthly labor review schultz education productivity report prepared national commission productivity schultz investment human capital american economic review mar reprinted economics education blaug ed schultz seninger labor force policies regional economic development role employment training programs seybolt apprenticeship apprenticeship education colonial new england new york seybolt sheley mcgee wright violence around schools diseases children sheley mcgee wright stone boundy school violence need meaningful response clearinghouse review strane locating rural america competitive advantage telemarketing lopez sturm education training affect country economic performance literature survey survey global economy economist survey global economy swaim podgursky workers fare better following job displacement monthly labor review tremblay impact school college expenditures wages southern workers labor research vaizey economics education vaizey political economy human capital vallens global economy may dictate spending training modern plastics wachtel effect earnings school college investment expenditures review economics statistics weiner siler trained order forbes june pp wheat urban growth nonmetropolitan south wirth education work choices face phi delta kappan wirth education work year lopez wise labor market policies employment patterns page