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New evidence on the “Power To . . . regulate . . . Commerce”

CONSTITUTION | April 9, 2019

The three recently-issued Pennsylvania volumes . . . offer virtually no support to the commerce-is-everything school of thought. On the contrary, in the documents reproduced in this volumes “commerce” clearly refers to a concept separate from other economic and non-economic activities.

New evidence on the “Power To . . . regulate . . . Commerce” Read More »

First decision of the Supreme Court Term: a unanimous liberal result

CONSTITUTION, Supreme Court | November 7, 2018

The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .

First decision of the Supreme Court Term: a unanimous liberal result Read More »

New information on the Constitution’s ratification — Part III: Vermont

CONSTITUTION | May 13, 2018

New Hampshire was, and is, quite a small state, but its ratification was particularly significant.

New information on the Constitution’s ratification — Part III: Vermont Read More »

New information on the Constitution’s ratification — Part II: New Hampshire

CONSTITUTION | May 6, 2018

New Hampshire was, and is, quite a small state, but its ratification was particularly significant.

New information on the Constitution’s ratification — Part II: New Hampshire Read More »

Evidence on the Powers the Constitution Leaves Exclusively to the States

CONSTITUTION, Uncategorized | May 18, 2015

This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the

Evidence on the Powers the Constitution Leaves Exclusively to the States Read More »

More Evidence From Last Term That It’s Not a “Conservative Supreme Court”

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | October 20, 2014

Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme

More Evidence From Last Term That It’s Not a “Conservative Supreme Court” Read More »

The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | December 14, 2013

Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at

The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It Read More »

How a Conspiracy Cracked a Monopoly

CONSTITUTION, ObamaCare, Supreme Court | December 1, 2013

Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book,

How a Conspiracy Cracked a Monopoly Read More »

Do the Feds Belong in Indian Adoption Law? (Together with another Natelson citation in the Supreme Court and an acknowledgment of Lisa Morris)

CONSTITUTION, Supreme Court, Uncategorized | July 3, 2013

(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than

Do the Feds Belong in Indian Adoption Law? (Together with another Natelson citation in the Supreme Court and an acknowledgment of Lisa Morris) Read More »

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power

CONSTITUTION, Uncategorized | July 11, 2012

Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power Read More »

The Great Forgetting

Article V, CONSTITUTION, Uncategorized | February 26, 2012

The meaning of some of the Constitution’s 18th century terminology was lost during the 19th century, leading to widespread misunderstanding.

The Great Forgetting Read More »

The 1798 “Act for the Relief of Sick and Disabled Seamen:” Yet another “progessive” irrelevancy

CONSTITUTION, ObamaCare, Uncategorized | July 3, 2011

As Tom Woods points out on his blog, advocates of Obamacare have dug up a 1798 federal  statute that, they

The 1798 “Act for the Relief of Sick and Disabled Seamen:” Yet another “progessive” irrelevancy Read More »

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