Indian Commerce Clause

The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update 0
- February 1, 2024
This latest survey—like all the previous ones—confirms that when the Constitution uses the word “Commerce,” it does so to mean only mercantile trade and its incidents.
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Arizona v. Navajo Nation: SCOTUS Zags Back 0
- June 27, 2023
A key part of the majority opinion seems to conflict with the majority opinion in an Indian law case decided just a few days earlier.
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The Supreme Court’s Confused Decision in Haaland v. Brackeen 0
- June 21, 2023
The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
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New Video on the Limits of Congress’s Commerce Clause Power 0
- March 6, 2023
Congress’ effort to regulate Indian child placement is unconstitutional.
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Will the Supreme Court stretch the Commerce Clause even more?0
- September 7, 2022
Some claim that when the word “Commerce” is applied to Native Americans, it magically balloons in scope, allowing Congress to regulate just about anything.
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A Further Response to Prof. Ablavsky on the Indian Commerce Clause 0
- August 29, 2022
We discovered that Ablavsky’s work contained a disturbing number of inaccurate, non-existent, and misleading citations, as well as deceptively-edited quotations.
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