“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The Sixth Circuit hears oral argument today in U.S. v. Miller, the Amish beard-cutting case. Jonathan Adler has this extended discussion: How the Justice Department is using the Commerce Clause to criminalize forcible beard cutting as a federal hate crime. As he...
Monday’s unanimous (on the result) Supreme Court decision in Bond v. United States uses federalism principles to rule against the federal prosecution of Carol Ann Bond, who attempted to injure a romantic rival with toxic chemicals. Briefly: The majority (Chief...
A May 16th Food and Drug Administration news release reported that U.S. Marshals had seized more than $11,185,000 worth of unapproved drugs. They did this at the request of the FDA because the medications are unapproved and misbranded drugs under the Federal Food,...
Robert J. Pushaw (Pepperdine University – School of Law) has posted Obamacare and the Original Meaning of the Commerce Clause: Identifying Historical Limits on Congress’s Powers (University of Illinois Law Review, Vol. 2012, No. 1703, 2012) on SSRN. Here...
