Commerce Clause

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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More Evidence From Last Term That It’s Not a “Conservative Supreme Court”0
- October 20, 2014
Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme Court, or at least a majority of the current justices, is “conservative.” But if a “conservative” justice is one who consistently interprets the Constitution in accordance with traditional methods of judging—as the Founders intended for
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The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It 0
- December 14, 2013
Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at the University of Utah in Salt Lake City on November 19, 2013, I outlined the intended scope of the power, how I reached my conclusions, and how the Supreme Court has stretched the Commerce Power
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How a Conspiracy Cracked a Monopoly 0
- December 1, 2013
Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case. This “conspiracy” was not a political plot or an illegal combination. Rather, it is one of the nation’s two top constitutional law websites—a
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Do the Feds Belong in Indian Adoption Law? (Together with another Natelson citation in the Supreme Court and an acknowledgment of Lisa Morris)0
- July 3, 2013
(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than the sorrow of a child. The sorrow of a child—and of her adoptive parents—created one of the Supreme Court’s more compelling cases this term. I was happy to be cited extensively in one of the
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