The real Commerce Clause—as the Founders knew it
During the Founding era, the phrase “regulate Commerce” had a very specific meaning
New information on the Constitution’s ratification — Part III: Vermont
New Hampshire was, and is, quite a small state, but its ratification was particularly significant.
New information on the Constitution’s ratification — Part II: New Hampshire
New Hampshire was, and is, quite a small state, but its ratification was particularly significant.
The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It
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 […]
“Necessary and Proper” = “Necessaria et Opportuna”
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 […]
