Commerce Clause
Federal “Tort-Reform” Bill Unconstitutional
Just to show you that hypocrisy is alive and well in Washington, D.C. (as if you didn’t know), Title V of the Republican bill to “repeal and replace Obamacare” contains some of the same constitutional problems that led 27 states to challenge Obamacare. Under Title V,...
Commerce Power: “To Regulate,” not “Prohibit”
In a law review article titled “To Regulate, Not Prohibit: Limiting the Commerce Power,” New York University Law Professor Barry Friedman, and 2011 New York University Law graduate, Genevieve Lakier take on the daunting task of reasserting the historic and...
Obamacare and “Commerce:” Does A Include Not-A?
On the eve of the Supreme Court’s decision over Obamacare’s individual mandate, attention is been focused on the challengers’ argument that the mandate is outside the Commerce Power because otherwise there would be no “limiting principle” to Congress’s authority....
Not Everything is “Interstate Commerce”
http://traffic.libsyn.com/tentherradio/Tenther-Rant-18.mp3Podcast: Play in new window | Download (Duration: 9:31 — 8.7MB) NOTE: The above was recorded by Michael Boldin at the close of Tenther Radio Episode #31. The show airs live online every Wednesday at 5pm...