What a Hidden Supreme Court Case Tells Us About the Constitution
This Commerce Clause case has been buried—deep. Probably because it makes modern writers uncomfortable.
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A Constitution Day Roadmap For The Supreme Court
In celebration of Constitution Day, SCOTUS should correct some of its worst mistakes.
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The impact of three U.S. Supreme Court rulings on free enterprise
Accurate interpretation of the Constitution often promotes free markets.
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Flowers Foods v. Brock: Does It Signal a Future Curb in Congress’s Overuse of Its Commerce Power?
It is possible—just possible—that SCOTUS took this easy case as a precursor to narrowing Congress’s economic powers?
Understanding the Constitution: The Truth about the Much-Abused Commerce Clause
If we are not to lose our freedom entirely, we shall have to find a way to restore the Commerce Clause to something like its original scope.
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The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update
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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The Supreme Court’s Confused Decision in Haaland v. Brackeen
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
Congress’ effort to regulate Indian child placement is unconstitutional.
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New Study Finds Administrative State Unconstitutional
When the framers and ratifiers used the phrase “regulate Commerce” they meant “regulate trade.” Both “regulate commerce” and “regulate trade” meant to administer the body of jurisprudence known as the law merchant.
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The real Commerce Clause—as the Founders knew it
During the Founding era, the phrase “regulate Commerce” had a very specific meaning
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Will the Supreme Court stretch the Commerce Clause even more?
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
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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