• Opinion

The Full Faith and Credit Clause is a more appropriate source of power than the Commerce Clause.

  • Analysis

The Foreign Commerce Clause does not give Congress the power to regulate everything that might have some potential effect on international trade. That common-sense conclusion has important implications for federal power over domestic commerce, as well.

  • Opinion

Conservative justices should follow Mark Tushnet's premature advice for progressives

  • Opinion

Congress does not have the power to make violence targeting police officers a federal hate crime. Efforts to do so are a particularly blatant example of fair weather federalism.

A 5-4 split on a constitutional challenge to Maryland's income tax.

If conservatives believe that federal power must be limited, why are they supporting the Pain-Capable Unborn Child Protection Act?

The federal power to regulate interstate commerce is used to prosecute crimes that have little to do with commerce, let alone commerce that is interstate.

David Rivkin and Elizabeth Price Foley want to make a bad Supreme Court decision even worse.

Nebraska and Oklahoma's lawsuit against Colorado's marijuana legalization law has dangerous implications - particularly for conservatives and others who want to enforce constitutional limits on the scope of federal power.

My 2 cents on Oklahoma and Nebraska's lawsuit against Colorado's marijuana legalization

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