On 2/12/97, Mark Lemley <MLEMLEY[_at_]mail.law.utexas.edu> wrote:
>
> Actually, I thought Paul Heald had cited some fairly persuasive
> authority to the opposite effect -- that Congress cannot evade
> constitutional limits on its power to act under a specific clause
> by relying instead on the general mandate of the commerce clause.
Paul and I have had this discussion on LAWPROF -- but to make a long story short, you have to first determine what is the power and what is the limitation. See my discussion at 23 Seton Hall L. Rev. 560, 612-18.
To slice the question perpendicular to the usual formulation: can Congress use the IP clause to reach creative activity within 500 feet of schoolyards?
I'm pretty sure it can.
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