Last month I wrote that while Article I, Section 8, Clause 3 of our Constitution, known as the Commerce Clause, is one of the shortest clauses, it’s impact is much ...
Abused and overworked, the Commerce Clause in Article I of the U.S. Constitution authorizes Congress to regulate commerce “with foreign nations the Indian Tribes [and] among the several states.” Today ...
The Indian Commerce Clause will be a major issue in the Nov. 9 Supreme Court argument in Brackeen v. Haaland. The questions presented are: (1) Whether the Indian Child Welfare Act of 1978's placement ...
This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Puerto Rican news agencies have a First Amendment right to audio of proceedings in a case of ...
A number of U.S. states that have legalized the sale of marijuana are being sued by companies that have not entered the legal market, using the Constitution's dormant commerce clause as their basis ...
Roscoe Filburn owned a wheat farm in rural Montgomery County, Ohio. When he used his own farm to feed his own family, he fell under the hammer of the federal government. It was 1938, and America was ...
Federalism — the allocation between federal and state governments — is at the heart of American constitutional law. In a dispute related to the constitutionality of California state regulations ...
Amy Dru Stanley is a history professor at the University of Chicago and the author of the forthcoming book “The Antislavery Ethic and the Spirit of Commerce: An American History of Human Rights.” For ...
A pair of energy-producing states may face ideological challenges in their quest for a high court review of Washington state’s blockade against the last major coal export project on the West Coast. A ...
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