Topic
Commerce Clause
226 published works
Constitutional Law Prof Blog
Health Insurance Mandate: “Commerce” or “Tax”?
By ConLawProf initials at end of post
The Obama administration switched its position on the individual health insurance mandate and now claims that it is a "tax," according to the New York Times in a provocatively titled…
Constitutional Law Prof Blog
Government Defends Individual Health Insurance Mandate
By ConLawProf initials at end of post
The Justice Department last week filed its first defense of the new health insurance mandate in federal court. The government responded to the plaintiffs' motion for a preliminary injunction in…
Renewable + Law
TransCanada challenges Massachusetts RPS
Stoel Rives litigation partners Beverly Pearman and Jeremy Sacks have prepared the following report on TransCanada’s recent challenge to the Massachusetts RPS: On April 16, 2010, TransCanada Power Marketing, Ltd.…
The Right Coast
Randy Barnett on constitutionality of HCR Tom Smith
Here.FWIW I view the regulation of inactivity under the commerce clause as outrageously unconstitutional -- that is, you mandate that individuasl buy insurance or else pay a fine or fee.…
Securities Law Prof Blog
Subramanian et al. on the Constitutionality of Delaware’s Antitakeover Statute
Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008, by Guhan Subramanian, Harvard Business School; Steven Herscovici, Analysis Group, Inc.; and Brian Barbetta, Analysis Group, Inc., was recently posted on SSRN. …
Constitutional Law Prof Blog
The Constitutionality of the current Health Care proposal
By ConLawProf initials at end of post
On Saturday, the Washington Post ran an op-ed by attorneys David Rivkin and Lee Casey that challenged the constitutionality of the current health care reform proposals. The authors conclude that…
Constitutional Law Prof Blog
What Judge Sotomayor Didn’t Say about Congress’s Unenumerated Powers
By ConLawProf initials at end of post
Judge Sotomayor offered her thoughts about congressional authority, the Tenth Amendment, and enumerated powers in this written exchange with Senator Coburn:How do you reconcile the tension between an enumerated power,…
Constitutional Law Prof Blog
Wisconsin Diploma Privilege and the Dormant Commerce Clause
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As most readers are aware, Wisconsin is the only state in the union with a "diploma privilege," which means a graduate from a Wisconsin law school is automatically admitted to…
Surf and Turf Law
Illegal Fees and the U.S. Constitution – 2nd Circuit Strikes Down Fee Under Commerce and Tonnage Clauses
Proponents of the Hawaii Invasive Species Assessment should monitor recent developments in tonnage and commerce clause litigation. The Second Circuit Court of Appeals recently struck down a fee on passengers…
Constitutional Law Prof Blog
Ninth Circuit Commerce Clause Case
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In the off-chance that you've not yet written your exam (or if you are looking for commerce clause fact patterns for next semester), a case issued by the Ninth Circuit -…