Abused and overworked, the Commerce Clause in Article I of the U.S. Constitution authorizes Congress to regulate commerce “with foreign nations the Indian Tribes [and] among the several states.” Today ...

Over the course of the last decades, the commerce clause has been used as a primary source for the regulatory expansion of the national government. This reading of the clause, granting virtually ...

Why do we care about the Commerce Clause in the Constitution? A simple explanation from Bloomberg’s Greg Stohr that appears in Newsweek explains how the clause could settle next month’s Supreme Court ...

Congress has used the Constitution’s Commerce Clause to fight prostitution and domestic violence, to break monopolies and to combat segregation — but its biggest test could come over the Obama ...

Sen. Dianne Feinstein this afternoon asked Sonia Sotomayor about cases in which the Supreme Court has struck down laws because Congress exceeded its powers under the Constitution’s commerce clause, ...

In declaring unconstitutional the new requirement for Americans to buy health insurance, federal Judge Henry Hudson rests his decision on one of the most widely applied clauses in the Constitution.

This is a guest post by Veta T. Richardson, the president and chief executive officer of the Association of Corporate Counsel, a global bar association headquartered in Washington that is dedicated ...

In U.S. Constitutional law, the “dormant commerce clause” is so called because it forbids individual states from tinkering with even those parts of the national economy that Congress has not regulated ...

Professor Greg Ablavsky, perhaps the leading historian of Federal Indian Law, has a short piece up on SSRN replying to a short piece by Professor Rob Natelson, whose work frequently appears on this ...

As President Obama weighs using an executive order to enact gun control, the question of constitutionality has erupted. The Constitution lays out a specified power structure of the federal government ...

David Meyers, Columbia Law School Class of 2013, worked as a staffer to President George W. Bush from 2006 to 2009 and later in the US Senate. He argues that although health care reform may fit within ...

Raich is one of the Court's worst federalism decisions, holding that Congress's power to regulate interstate commerce allows it to ban possession of marijuana that never crossed state lines, and was ...