Commerce Clause
Yet another “progressive” argument for an unlimited Commerce Power doesn’t add up
As I’ve pointed out before in this column, there is a sort of cottage industry among “progressive” law professors that involves taking snatches of the Founding-Era record – or imagined snatches – to argue that the current overgrown...How Pre-Revolution Pamphlets Help Show that a Key “Progressive” Constitutional Theory Is Wrong
Writers on the Constitution frequently overlook valuable aids to interpreting the document. IÂ previously have mentioned the example of eighteenth-century law books. Also largely neglected are the pre-Revolutionary pamphlets written by Americans defending their...