Commerce Clause
Feds Have No Constitutional Authority to Impose Wage Controls
Talk of hiking the minimum wage at the national level has ramped up in recent weeks. With the Democrats controlling the House and the Senate, and Joe Biden in the White House, it seems increasingly likely that we’ll soon see a federal $15 per hour minimum. In 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...
Three Supreme Court Cases that Twisted the Commerce Clause
Despite the words that make up the commerce clause and necessary and proper clause remaining constant over the past two centuries, the Supreme Court’s interpretation of their meaning and reach has not. Over the years, the SCOTUS has used the clause to vastly expand...
Read the Commerce Clause in the Light cast by the other Parts of our Constitution
The parts of our federal Constitution are so interrelated that it is impossible to understand a single clause therein without considering all of the other provisions of our Constitution. Article I, §8, clause 3, US Constitution, states: “The Congress shall have Power...