Both liberals and conservatives have been wary of Supreme Court nominee Elena Kagan's views on the power of federal government. On the left, critics worry she takes too broad a view of executive ...

Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic ...

Journal Editorial Report: Paul Gigot interviews High Court specialist Ilya Shapiro. Evan Golub/Zuma Press Photo: Evan Golub/Zuma Press The Supreme Court is doing an originalist cleanup job on decades ...

Roscoe Filburn owned a wheat farm in rural Montgomery County, Ohio. When he used his own farm to feed his own family, he fell under the hammer of the federal government. It was 1938, and America was ...

Under the Maryland Cannabis Reform Act, resident social equity licensees may receive financial assistance with startup capital and operational costs for growers, processors, and retailers. Maryland ...

Even as it upheld most of the health care law last week, the Supreme Court limited federal power under the Constitution's Commerce Clause. Seventy... The Farmer And The Commerce Clause Last week's ...

It is a harrowing time for defenders of the First Amendment and the Commerce Clause. This week, assaults on both provisions of our nation’s founding document were under way, at both the state and ...

Part II of The Collective-Action Constitution develops a collective-action theory of the Constitution's federal structure and identifies limits of this theory. Chapter Three examines the states' ...