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...
New Study Finds Administrative State Unconstitutional
The constitutional basis for most federal regulations is the Constitution’s Interstate Commerce Clause. A new historical study shows, however, that the Interstate Commerce Clause is nowhere near as broad as federal officials claim it is. In other words, much of the...