Commerce Clause
Fight for 15 is the Wrong Battle in the Wrong War
The U.S. House recently passed a bill to gradually raise the minimum wage to $15 per hour by 2025. The move simultaneously taps into both constitutional and economic foolishness. In the first place, Congress doesn’t have any constitutional authority to legislate...
New evidence on the “Power To . . . regulate . . . Commerce”
The Constitution empowers Congress “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Article I, §8, cl. 3. During the New Deal of the 1930s, liberal constitutional writers began to argue that “Commerce” as the...
Is Federal Infrastructure Spending Unconstitutional?
The Tenth Amendment Center—in my opinion, one of the country’s most valuable constitutional websites—has produced a thoughtful video on the constitutionality of federal infrastructure spending. Based mostly on President James Madison’s 1817 veto, on constitutional...
Under the Constitution, Regulating Marijuana is Mostly a State Concern
A growing number of states are defying the federal marijuana ban, not only by easing their own laws, but by actively cooperating with marijuana growing, processing, and use. Many contend that pot should be a state, rather than a federal, concern. The U.S. Supreme...