dormant foreign affairs power

• Jonathan Zasloff
• July 29, 2010

Is the Western Climate Initiative Constitutional?

Brad Plumer in The New Republic rightfully celebrates the emergence of the Western Climate Initiative, which establishes a cap-and-trade system among several US states and three of the most important Canadian provinces: British Columbia, Ontario, and Quebec.  “Cap-and-trade is coming to the United States,” he notes, “and there is nothing that the Senate can do …

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