Abused and overworked, the Commerce Clause in Article I of the U.S. Constitution authorizes Congress to regulate commerce “with foreign nations the Indian Tribes [and] among the several states.” Today ...

Sen. Dianne Feinstein this afternoon asked Sonia Sotomayor about cases in which the Supreme Court has struck down laws because Congress exceeded its powers under the Constitution’s commerce clause, ...

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...

This week, Arnold Loewy and Don May debate the Commerce Clause. Don writes an independent blog on lubbockonline.com and Arnold is the George Killiam Professor of Law at Texas Tech University School of ...

The surprise this morning, aside from the fact that the Affordable Care Act survived, is how the court majority reached its conclusion, especially as it relates to the individual mandate. The ...

In U.S. Constitutional law, the “dormant commerce clause” is so called because it forbids individual states from tinkering with even those parts of the national economy that Congress has not regulated ...

As President Obama weighs using an executive order to enact gun control, the question of constitutionality has erupted. The Constitution lays out a specified power structure of the federal government ...

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm ...

In 2008, California voters passed Proposition 2, which prohibits the confinement of certain farm animals in certain ways.[1] This law, which will enter into effect on January 1, 2015, will place ...

WASHINGTON —When the Supreme Court upheld the 1964 Civil Rights Act, the justices said next to nothing about racial equality, the ideal that drove the landmark law's enactment. Instead, the court ...

In a recent press release, the Pennsylvania Attorney General announced that settlements have been reached with Delaware and Florida lenders who made allegedly usurious loans to Pennsylvania residents.