SCOTUS Defends Property Rights, but Raises Constitutional Questions
The current Supreme Court is a vigorous defender of property rights. In general, I like that. But as I observed in a column last year, the court sometimes goes beyond what an accurate reading of the Constitution can justify. The Fifth Amendment is part of the Bill of...
The Truth about the Much-Abused Commerce Clause
The Constitutional Convention released its proposed Constitution to the public on Sept. 17, 1787. Almost immediately, debate began on whether to ratify the document. The most effective charge against the Constitution was that it would grant too much power to the new...
The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update
Constitutional Background The constitutional justification for much of the federal regulatory and administrative apparatus rests on either of two very wide interpretations of Congress’s power over interstate commerce. Modern Supreme Court jurisprudence relies mostly...