The Heritage Foundation

Commerce Clause Just Keeps On Expanding

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 ...
Reason

The Dormant Commerce Clause and Geolocation: Introduction

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...
Reason

Geographical Information and the Dormant Commerce Clause: Four Principles

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm ...
The Daily Pennsylvanian

Annenberg Classroom releases, screens new film on Constitution's commerce clause

The Annenberg Classroom released a new film about the Constitution’s Commerce Clause that will be showcased at teacher workshop events throughout the year. The project — an initiative by the Annenberg ...
SCOTUSblog

The First Amendment and the commerce clause

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 ...
The Hill

We have filed the case that could overturn Wickard and limit Commerce Clause powers

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 ...
JD Supra

Can the Dormant Commerce Clause Shield Airlines from Applying State Wage-and-Hour Laws to Employees who Fly Predominately Outside that State?

Airlines are creatures of interstate and international commerce: roaming the skies and crossing territorial boundaries to deliver passengers and cargoes to destinations not cabined by state lines. To ...
JD Supra

Cannabis Litigation Alert: Commerce Clause Back on Blast

Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the ...
The American Conservative

If the Individual Mandate is Constitutional, the Commerce Clause has No Limits

Politico’s excellent overview of some of the rulings that might be brought to bear in the deliberations over the President’s healthcare law next week explains, in layman’s terms, how the decision ...
Wall Street Journal

Does the Commerce Clause Have a Limit?

Prof. Mark Hall ("Health-Care Reform Is Constitutional," Letters, Sept. 24) considers the current health-care bill constitutional because paying for medical care is "a quintessentially commercial ...
The Washington Post

Using the dormant commerce clause to challenge state computer crime statutes

Computer crime law is mostly a federal law field. Because computer crimes cross state and national boundaries, the federal government ends up doing most of the investigations and prosecutions. The ...
Yahoo

Opinion - We have filed the case that could overturn Wickard and limit Commerce Clause powers

Add Yahoo as a preferred source to see more of our stories on Google. Roscoe Filburn owned a wheat farm in rural Montgomery County, Ohio. When he used his own farm to feed his own family, he fell ...