Commerce Clause Archives - Independence Institute

A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack 0
- April 7, 2022
An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors
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Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court 0
- April 3, 2022
The Constitution does not give Congress authority to regulate the adoption of children.
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Mr. President, Do the right thing: End the unconstitutional vaccination mandate 0
- September 26, 2021
There is no Supreme Court authority higher than [Chief Justice] Marshall, and he himself told us that “health laws of every description” are matters for determination by the states.
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Where were all the Constitution’s defenders when the feds raised the smoking age?0
- January 7, 2020
[S]etting minimum consumption ages is not a power the Constitution grants the federal government. The Constitution reserves it to the states.
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New evidence on the “Power To . . . regulate . . . Commerce”0
- April 9, 2019
The three recently-issued Pennsylvania volumes . . . offer virtually no support to the commerce-is-everything school of thought. On the contrary, in the documents reproduced in this volumes “commerce” clearly refers to a concept separate from other economic and non-economic activities.
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First decision of the Supreme Court Term: a unanimous liberal result 0
- November 7, 2018
The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .
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