The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate ...
On December 16, 2025, the U.S. Court of Appeals for the Eleventh Circuit in National Small Business United v. U.S. Department of the Treasury ...
Roscoe Filburn owned a wheat farm in rural Montgomery County, Ohio. When he used his own farm to feed his own family, he fell under the hammer of the federal government. It was 1938, and America was ...
Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it ...
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 ...
State ballot initiatives like California’s Proposition 12 threaten interstate commerce by imposing costly farm production ...
In the context of the Interstate Commerce Clause, if a state regulation is found to be nondiscriminatory, the court examines “the nature of the local interest and whether alternative means could ...
Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. This week we're looking at: The possible release of HHS' rescheduling ...
The Congress shall have power to regulate commerce . . . among the several states. —Article 1, Section 8, The Constitution of the U.S. THIS is the interstate commerce clause, the twelve words to which ...
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