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from sandra day oconners dissent: good stuff
JUSTICE O’CONNOR, with whom THE CHIEF JUSTICE and
JUSTICE THOMAS join as to all but Part III, dissenting.
We enforce the “outer limits” of Congress’ Commerce
Clause authority not for their own sake, but to protect
historic spheres of state sovereignty from excessive federal
encroachment and thereby to maintain the distribution of
power fundamental to our federalist system of government.
United States v. Lopez, 514 U. S. 549, 557 (1995);
NLRB v. Jones & Laughlin Steel Corp., 301 U. S. 1, 37
(1937). One of federalism’s chief virtues, of course, is that
it promotes innovation by allowing for the possibility that
“a single courageous State may, if its citizens choose, serve
as a laboratory; and try novel social and economic experiments
without risk to the rest of the country.” New State
Ice Co. v. Liebmann, 285 U. S. 262, 311 (1932) (Brandeis,
J., dissenting).
This case exemplifies the role of States as laboratories.
The States’ core police powers have always included authority
to define criminal law and to protect the health,
safety, and welfare of their citizens.
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