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How the Supreme Court Rewrote the Constitution Part V: Killing Economic Freedom

By: Rob Natelson The first, second, third, and fourth installments in this series described how the Constitution established a relatively small federal government with limited powers and how President Franklin D. Roosevelt’s New Deal challenged that ...

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Does Biden’s OSHA vaccination mandate exceed federal authority?

On November 12, a federal appeals court suspended the Occupational Safety and Health Administration (OSHA) order fining businesses with 100 or more employees for each employee unvaccinated against COVID-19. This is one ...

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Constitutional Sleight of Hand: The Evolution of Implied Powers

By: Bob Fiedler or at Categorical Podcast The U.S. Constitution is a truly unique instrument — not least for its place as a written, and therefore limited grant of authority to ...

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Neither Necessary nor Proper

It was sixteen years ago last month that the U.S. Supreme Court, in the case of Gonzales v. Raich (2005), ruled that the Controlled Substances Act (21 U.S.C. 801) did not exceed ...

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How One Landmark Case Shaped the Commerce Clause

November 30, 2020 Commerce Clause / Court Cases 0

By: Bob Fiedler In some ways, John Marshall’s opinion in Gibbons v. Ogden expanded federal power using expansive definitions of various words in the Commerce Clause. But future courts ignored an important limiting ...

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Three Supreme Court Cases that Twisted the Commerce Clause

By: Funky Euphemism Despite the words that make up the commerce clause and necessary and proper clause remaining constant over the past two centuries, the Supreme Court’s interpretation of their ...

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Where were all the Constitution’s defenders when the feds raised the smoking age?

January 11, 2020 Commerce Clause / Constitution 0

By: Rob Natelson On December 20, President Trump signed legislation purporting to impose a single national age of 21 for selling tobacco products. Obviously, the measure reduces the freedom of ...

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USMCA “Trade Agreement”, the North American Union, an Article V convention, and Red Flag Laws: Connecting the Dots

By Publius Huldah The Globalists have long been in the process of setting up a dictatorial and totalitarian oligarchy over the United States. Now they are putting the last pieces ...

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Read the Commerce Clause in the Light Cast by the Other Parts of Our Constitution

By Publius Huldah The parts of our federal Constitution are so interrelated that it is impossible to understand a single clause therein without considering all of the other provisions of ...

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Fight for 15 is the Wrong Battle in the Wrong War

July 28, 2019 Commerce Clause / The Fed 0

By: Mike Maharrey The U.S. House recently passed a bill to gradually raise the minimum wage to $15 per hour by 2025. The move simultaneously taps into both constitutional and ...

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