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 ...
When studying Congress’ authority and responsibilities in Section 8 of Article I of our Constitution, one of the shortest clauses has become one of the most complicated and litigated in ...
Log-in to bookmark & organize content - it's free! Professor Gary Galles of Pepperdine University discusses the Commerce Clause and the history of its interpretation in the context of now-Chief ...
[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 ...
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 ...
^ Arnold: First commerce clause case was in 1847 Jones and Laughlin seems like a strange case to earn the dishonor of Mr. Moster's worst ever Supreme Court decision in that it was neither the first ...
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 ...
Bradley W. Joondeph is the Inez Mabie Distinguished Professor and Associate Dean for Academic Affairs at the Santa Clara University School of Law. On Monday, a sharply divided Supreme Court held in ...
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 ...
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 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 ...