Clarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession

Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as ...
Education Week

The Commerce Clause and the Gun-Free School Zones Act

Sen. Dianne Feinstein this afternoon asked Sonia Sotomayor about cases in which the Supreme Court has struck down laws because Congress exceeded its powers under the Constitution’s commerce clause, ...
Lubbock Avalanche-Journal

It's Debatable: Is commerce clause too broad?

This week, Arnold Loewy and Don May debate the Commerce Clause. Don writes an independent blog on lubbockonline.com and Arnold is the George Killiam Professor of Law at Texas Tech University School of ...
The Atlantic

Commerce Clause Conundrum

In declaring unconstitutional the new requirement for Americans to buy health insurance, federal Judge Henry Hudson rests his decision on one of the most widely applied clauses in the Constitution.
Yahoo

Gibbons v. Ogden: Defining Congress’ power under the Commerce Clause

March 2 marks the anniversary of the Supreme Court’s landmark decision in Gibbons v. Ogden. Decided in 1824, Gibbons was the first major case in the still-developing jurisprudence regarding the ...
Forbes

How US Constitution's Dormant Commerce Clause Is Challenging Marijuana Legislations

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 ...
Wall Street Journal

A Judge’s Toast to the Commerce Clause

Journal Editorial Report: Paul Gigot interviews High Court specialist Ilya Shapiro. Evan Golub/Zuma Press Photo: Evan Golub/Zuma Press The Supreme Court is doing an originalist cleanup job on decades ...
The Atlantic

Reality Check: A Look at What the Commerce Clause Actually Says

The language of the Constitution itself has been absent from coverage of the Supreme Court's hearings on Obamacare. Here's a refresher. The Supreme Court case that may determine the fate of the ...
National Review

There’s a Limit on the Commerce Clause

Another ‘Elephants Are Persons’ Lawsuit Goes to a State Supreme Court Refunding Planned Parenthood in America? My Astonishing Oregon Trail In California, the Damage of the ‘Billionaire Tax’ Has ...
The Washington Post

Court precedents involving the commerce and ‘necessary and proper’ clauses

Two constitutional provisions at issue in the health-care challenges are the “necessary and proper” clause and the commerce clause. Necessary and proper clause: Congress has the power to "make all ...
Food Safety News

Letter From The Editor: Commerce Clause

There are no words that cause raw milk advocates more heartburn than these: “The Congress shall have Power …To regulate Commerce with foreign nations, and among the several States, and with Indian ...
Jurist

Commerce Clause Jurisprudence and Original Intent in Health Care

David Meyers, Columbia Law School Class of 2013, worked as a staffer to President George W. Bush from 2006 to 2009 and later in the US Senate. He argues that although health care reform may fit within ...