Commerce Clause Archives - Independence Institute

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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New information on the Constitution’s ratification — Part III: Vermont 0
- May 13, 2018
New Hampshire was, and is, quite a small state, but its ratification was particularly significant.
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New information on the Constitution’s ratification — Part II: New Hampshire 0
- May 6, 2018
New Hampshire was, and is, quite a small state, but its ratification was particularly significant.
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Evidence on the Powers the Constitution Leaves Exclusively to the States 0
- May 18, 2015
This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the exclusive powers of states—the realm the federal government may not invade without violating the Constitution? When discussing state authority, the Founders usually pointed out only that the federal government’s powers were, as Madison said, “few
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