Can the Feds Ban You From Making Liquor in Your Own Home? A challenge to the federal prohibition on home distilling could give the Supreme Court a chance to rein in Congress’ Commerce Clause power. Reason · Sep 12
How a Street Brawl Led to a 5th Circuit Case That Casts Doubt on the Constitutionality of Many Federal Laws Challenging his conviction for illegal gun possession, Curtis Squire argues that the Commerce Clause cannot justify bans on intrastate, noncommercial conduct. Reason · Sep 11
Part II: Enumerated Powers An Introduction To Constitutional Law Video Library: Prigg v. Pennsylvania (1842), U.S. v. Dewitt (1869), Hepburn v. Griswold (1870), Knox v. Lee (1871), U.S. v. E.C. Knight (1895), Champion v. Ames (1901), Hammer v. Dagenhart (1918), Schechter Poultry Corp. v. U.S. (1935), NLRB v. Jones & Laughlin Steel Corp. (1937),… Reason · Nov 4, 2024
The Collective-Action Constitution: A Brief History of an Idea Second in a series of guest-blogging posts. Reason · Jun 4, 2024
Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation. Reason · Dec 8, 2022
If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles A 1942 decision about the Commerce Clause takes on new importance post-Roe. Reason · Jul 12, 2022