commerce power

The real Commerce Clause—as the Founders knew it 0
- December 16, 2022
During the Founding era, the phrase “regulate Commerce” had a very specific meaning
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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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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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“Necessary and Proper” = “Necessaria et Opportuna”0
- November 17, 2012
To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s Necessary and Proper Clause (I-8-18). But is that provision really broad enough to authorize what they claim it authorizes? This little essay focuses on the meaning of the word “necessary.” Early legal documents—used by English
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