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 ...

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...

^ Arnold: First commerce clause case was in 1847 Jones and Laughlin seems like a strange case to earn the dishonor of Mr. Moster's worst ever Supreme Court decision in that it was neither the first ...

Politico’s excellent overview of some of the rulings that might be brought to bear in the deliberations over the President’s healthcare law next week explains, in layman’s terms, how the decision ...

The Indian Commerce Clause will be a major issue in the Nov. 9 Supreme Court argument in Brackeen v. Haaland. The questions presented are: (1) Whether the Indian Child Welfare Act of 1978's placement ...

A number of U.S. states that have legalized the sale of marijuana are being sued by companies that have not entered the legal market, using the Constitution's dormant commerce clause as their basis ...

3rd Circuit: N.J. Wine Sale Law Flouts Commerce Clause New Jersey's alcoholic beverage control law violates the Commerce Clause by requiring out-of-state wineries to sell through wholesalers and ...

Disagreeing with successive rulings on the issue by a federal district court, the U.S. Court of Appeals for the Sixth Circuit has imposed a preliminary injunction on a Kentucky law that directs the ...

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Puerto Rican news agencies have a First Amendment right to audio of proceedings in a case of ...

Amy Dru Stanley is a history professor at the University of Chicago and the author of the forthcoming book “The Antislavery Ethic and the Spirit of Commerce: An American History of Human Rights.” For ...