The secret life of the Commerce Clause

The want of a central authority over commercial affairs was one of the major weaknesses of the Articles of Confederation, and a central animating purpose behind the Constitutional Convention that convened in Philadelphia in the summer of 1787.

Health care hearings – what to listen for (Part 1 of 2)

For both lawyers, most of the questions coming from the bench probably will be about Congress’s powers under the Commerce Clause, though some will explore the Necessary and Proper Clause, and at least a few questions may focus on the mandate as a form of tax.

The cry of “we the people” is a simple one: Leave us alone!

What so many opponents of the Affordable Care Act find offensive is the idea that you have to do something because the government tells you that you have to when freedom to so many Americans has traditionally been understood to mean being left to our own devices.