Trend Results : Commerce Clause

Video: House Ag Comm Markup- King Amd. “Protect Interstate Commerce Act”

On Wednesday night during the markup of the 2013 Farm Bill, the House Ag Committee debated, and ultimately passed an amendment by Rep. Steve King (R, Iowa) relating to the Commerce Clause and the production of agricultural products. The debate on the amendment was spirited and lengthy, and is of particular interest to producers involved [...]

“To Regulate” Not “To Prohibit”

(Jonathan H. Adler) Barry Friedman of New York University School of Law and Genevieve Lakier of the University of Chicago Law School have an interesting new paper on the meaning of “regulate” as used in the Commerce Clause, “‘To Regulate,’ Not ‘To Prohibit’: Limiting the Commerce Power.” Here’s the abstract: Today it is taken for granted that Congress’s [...]

Interstate Protectionism and the Dormant Commerce Clause

All 50 states ban the direct sales of motor vehicles from manufacturers to consumers. The politics of this regrettable policy are clear: auto dealers are powerful political players in every state, while only a few states actually have manufacturing facilities. Show More Summary

Kansas Gun Law Looks Like a Trojan Horse for a Commerce Clause Challenge

Once again, I haven't been paying attention. I knew that Kansas had passed a law saying that any law which "violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas."...Show More Summary

Internet Sales Tax is Interstate Power Grab

The Commerce Clause of the Constitution has been used as a garbage can of left-wing jurisprudence to grant the federal government infinite power over the the citizenry for years.  Ironically, the original intent of the Commerce Clause...Show More Summary

NY court OKs tax on online sellers like Amazon

New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause. The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Show More Summary

Guns and the Commerce Clause: On the Way to the Supreme Court?

Ilya Shapiro Nearly two years ago, I wrote about an intriguing Commerce Clause case involving the Montana Firearms Freedom Act. To wit, Montana enacted a regulatory regime to cover guns manufactured and kept wholly within state lines that was less restrictive than federal law. Show More Summary

The Lamest Liberal Attack on Rand Paul You'll Read Today

During Elena Kagan’s 2010 Supreme Court confirmation hearings, Republican Sen. Tom Coburn of Oklahoma asked the future justice if she believed Congress had the power under the Commerce Clause to force Americans to “eat three vegetables...Show More Summary

9th Circuit Court to Hear Oral Arguments in MSSA v Holder

Dear MSSA Friends, You probably know that I wrote the Montana Firearms Freedom Act to mount a challenge to federal “Commerce Clause” power, using firearms [...]

10 Monday AM Reads

A few reads before you go out to do your last minute shopping on holiday shortened trading day: • Commerce Claus: The behavioral economics of Christmas (TNR) • Mayan Mindset on the Potomac (Barron’s) see also How can Republicans change their minds? (Economist) • UBS Libor Manipulation Deserves the Death Penalty (Bloomberg) • Lessons from [...]

How Ernest Hemingway’s cats became subject to federal oversight under the Commerce Clause

A Persistent ObamaCare Factoid

Congress used the Commerce Clause to justify the mandate, and the Court found that unconstitutional. Yet, nearly five months after the decision, America's media continues to misreport on this landmark case.

If You Demand a Good, Progressive Commerce Clause, You Also Get a Bad, Reactionary Commerce Clause

I recently finished reading Smoke Signals, a new "social history of marijuana" by Martin A. Lee. By and large, it is what you would expect from the co-author of the fine LSD history Acid Dreams: engaging and full of interesting details, even for people familiar with the subject. But some of Lee's legal analysis is a bit shaky. Show More Summary

Civil Unions And Constitutionalists Of Convenience

Tocay’s Courier Herald Column: Modern day politics has bred a litany of cafeteria constitutionalists.  Whether championing freedoms of speech, gun rights, religion, or using the commerce clause to excuse any overreach of federal powers, modern day constitutional scholars seem as good at picking and choosing select passages from the document as others do in selecting [...]

A Critical Overview of The Stranger

Coming off my big win in the Obamacare lawsuit (we achieved our stated goal of defeating the individual mandate on commerce clause grounds!) and my even bigger win in the August 7 primary (we achieved our goal of defeating Jay Inslee...Show More Summary

Blog Post Cited in a Ninth Circuit Opinion

(Eugene Volokh) Congratulations to David Post, whose Commerce Clause “Holding v. Dictum Mess” Not So Simple post was cited in United States v. Henry (9th Cir. Aug. 9, 2012). Court citations to blogs (except the mighty Sentencing Law & Policy) are rare enough that I thought it worth noting.

“Rasmussen poll: only 7 percent of public supports principle of Wickard v. Filburn”

“Rasmussen has a poll out today that shows that only 7 percent of Americans support Wickard v. Filburn, the 1942 Supreme Court case upholding the use of the Commerce Clause to regulate a farmer’s wheat growing for personal consumption.” [Ammon Simon, NRO "Bench Memos"] David M. Wagner: “Too bad nine of ‘em are on the [...]Show More Summary

Randy Barnett talks about winning on the Commerce Clause, but losing the Obamacare case.

The farmer and the commerce clause

The landmark case of Wickard v. Filburn, 317 U.S. 111 (1942), has been the subject of extensive discussion on Agricultural Law. Filburn has now drawn the attention of National Public Radio. I was interviewed in connection with a July 5, 2012, NPR broadcast that featured Filburn and its role in the Supreme Court's health care reform decision. Show More Summary

Should Charles Fried Eat His Kangaroo Skin Hat?

(David Bernstein) Back in October 2010, Fried was interviewed by Greta van Susteren: VAN SUSTEREN: The issue that will confront the federal judge, and the Supreme Court if it goes on, is whether or not the Commerce Clause gives the federal government the power to do this….And does the constitution in your opinion, sir, enable them? FRIED: [...]