The Legacy of Lochner
The Lochner case may be one of the most remarkable cases in the whole of Constitutional law — remarkable for its influence in the development of “substantive due process.” It’s also remarkable for its role in the Court’s de-coupling of personal...
The Myths of Cooper v. Aaron
In his paper, “The Irrepressible Myth of Cooper v. Aaron” published by the Georgetown Law Journal, Josh Blackman writes, “Despite its constitutional provenance and majestic grandeur, the Supreme Court of the United States operates like any other...
How One Landmark Case Shaped the Commerce Clause
In some ways, John Marshall’s opinion in Gibbons v. Ogden expanded federal power using expansive definitions of various words in the Commerce Clause. But future courts ignored an important limiting principle he included in his opinion. The commerce clause...