Archive | Commerce Clause
New Books on the Obamacare Case
By Ilya Somin on August 12, 2013 11:40 am in Commerce Clause, Health Care, Individual Mandate, Necessary and Proper
Libertarianism and the Supreme Court
By Ilya Somin on July 29, 2013 6:14 pm in Commerce Clause, Federalism, Libertarianism, Property Rights, Supreme Court
Republicans Dispute Federal Power to Regulate Abortion
By Will Baude on July 25, 2013 5:03 pm in Abortion, Commerce Clause, Federalism, Fourteenth Amendment
Indian Commerce Clause in the Supreme Court
By David Kopel on July 1, 2013 7:43 pm in Child Protection, Commerce Clause, Constitutional History, Constitutional Law, Federalism, Racial Discrimination, Supreme Court
“To Regulate” Not “To Prohibit”
Why maximal enforcement of federal gun laws is not always a good idea
By David Kopel on April 26, 2013 4:27 am in Commerce Clause, Congress, Constitutional Law, Criminal Law, Federalism, Guns, Immigration, Necessary and Proper, Supreme Court, War on Drugs
My Review of Einer Elhauge’s Obamacare on Trial
By Ilya Somin on March 11, 2013 4:45 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Necessary and Proper
Treaties, the Law of Nations, and Foreign Commerce
By Eugene Kontorovich on January 13, 2013 3:50 pm in Commerce Clause, Constitutional Law, International Law, Textualism, Treaties, War and Armed Conflict
Turning Federalism Right-Side Up – My Review of Michael Greve’s The Upside-Down Constitution
By Ilya Somin on December 11, 2012 10:45 am in Commerce Clause, Constitutional Law, Constitutional Theory, Federalism, Necessary and Proper, Taxing and Spending Clause
The Bar Review version of NFIB v. Sebelius
By David Kopel on July 10, 2012 2:52 pm in Commerce Clause, Constitutional Law, Individual Mandate, Originalism, Supreme Court, Taxing and Spending Clause
Fifth Circuit Holds Federal Retroactive Sex Offender Registration Statute Sometimes Exceeds Article I Powers
A Simple Solution to the Holding vs. Dictum Mess
By Ilya Somin on July 2, 2012 3:47 pm in Commerce Clause, Federalism, Health Care, Individual Mandate
Neal Katyal on the Federal Government’s “Pyrrhic Victory” in the Health Care Decisions
By Ilya Somin on June 29, 2012 6:31 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Taxes, Taxing and Spending Clause
Do the Court’s Commerce Clause and Necessary and Proper Clause Rulings in the Individual Mandate Case Matter?
By Ilya Somin on June 29, 2012 2:44 pm in Commerce Clause, Federalism, Health Care, Individual Mandate, Necessary and Proper, Taxes, Taxing and Spending Clause