Topic
Commerce Clause
226 published works
Constitutional Law Prof Blog
Teaching the Commerce Clause After NFIB v. Sebelius
By ConLawProf initials at end of post
Professor Colin Starger has a terrific visual for teaching the commerce clause next semester:Take a look at the entire "poster" available on ssrn here; the explanations are necessary and excellent.RR
The Faculty Lounge
The Mandate Challenge: Testing the Counter-Narratives
In the wake of the Affordable Care Act decision, competing narratives have emerged on the significance of the Court's holding that the Commerce Clause does not permit regulation of inactivity.…
The Right Coast
John Yoo: Chief Justice Roberts and His Apologists – WSJ.com
Justice Roberts too may have sacrificed the Constitution's last remaining limits on federal power for very little a little peace and quiet from attacks during a presidential election year.Given the…
Environmental Law Prof Blog
Links to Environmental-Related Stuff on Yesterday’s Health Care Decision
While it is certain I will miss some, here are the blogs that I have seen on how yesterday's health care ruling might (or might not) impact future environmental law…
Constitutional Law Prof Blog
Did Chief Justice Roberts Craft a New, More Limited Commerce Clause?
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In a word: No. Or, even if yes, just by a hair--by adding just a footnote to the current doctrine. Here's why.Let's start with some background on the health care case. …
Environmental Law Prof Blog
Today’s Health Care Decision: Some Potential Implications for Environmental Law
As many scholars already have noted throughout the afternoon, today’s decision by the U.S. Supreme Court to uphold the basic provisions of the Patient Protection and Affordable Care Act could…
Environmental Law Prof Blog
Fortuitous Spleens and Hapless Toads
Today, while upholding the Affordable Care Act on other grounds, the Supreme Court found that the Commerce Clause was not broad enough to sustain the Act's individual mandate. While there…
The Right Coast
The Decision to Uphold the Mandate as Tax Represents a Gestalt Shift in Constitutional Law
Today, it became clear that four of the Supreme Court's nine justices reject the academic consensus. As Justice Kennedy states in his dissent joined by Scalia, Thomas, and Alito:"In our…
THE QUANT by Richard Booth
HEY YOU – OUTTA THE RISK POOL It is a
HEY YOU – OUTTA THE RISK POOL It is a curse to live in interesting times. At the moment, the interesting question before the Supreme Court is whether Congress has…
Constitutional Law Prof Blog
In Memoriam: Nicholas deBelleville Katzenbach
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Law students know him as the "Katzenbach" of Katzenbach v. McClung, 379 U.S. 29 (1964), the "Ollies BBQ case" upholding Congressional power under the Commerce Clause for the accomodations portions…