Over at originalismblog, Mike Ramsey has a generous, fair-minded, but critical comment on my most recent musings about the “dormant” Commerce Clause and modern-day originalists’ resistance to the notion. He’s entirely right that my blog post doesn’t do enough to …
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Earlier this week, Mike Rappaport replied to Mike Paulsen’s defense of Chief Justice Robert’s opinion upholding Obamacare’s individual mandate as an exercise of the taxing power. It’s taken me a bit to weigh in because NFIB v. Sebelius continues to …
Heartfelt thanks to Mike Rappaport for his generous and thoughtful posts on The Upside-Down Constitution [“UDC”]. Herewith a two-part reply to two points Mike rightly identifies as crucial: interstate commerce (today’s post), and federal spending (tomorrow’s).
Commerce
Michael R. writes:…
Competitive federalism, Michael Rappaport writes in his thoughtful post, is normatively attractive; and it would be a whole lot healthier with a “Madisonian” Spending Clause—that is, with a constitutional interpretation that limits the power of Congress to tax and …
Having explained some of what I like about Michael Greve’s new book, The Upside Down Constitution, I will now offer one criticism of the book. Michael believes that Congress has a spending power that allows it to spend money …
As Michael Greve noted earlier, the two of us participated in a Federalist Society Teleforum on his new book, The Upside Down Constitution. The podcast based on the teleforum should be up in the near future. But in the …
This post (lengthy, but with lots of pictures) strikes an uncharacteristically cheerful note: there is a chance to revive a sensible, efficient, competitive federalism. That hope does not rest on the libertarian pipedream of a Supreme Court that at long …
Over the coming weeks, I’ll dedicate several posts to the proposition that Erie Railroad Co. v. Tompkins (1938) must be overruled, or otherwise put out of its misery. One cannot get the United States Constitution right unless one starts with …
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