Necessary and Proper Clause

Federalism Is For Suckers

Donald Trump’s Assertion That He Can Order the States Around Is Unconstitutional: But Leave Federalism and the 10th Amendment Out of It

Five days is a lifetime in politics, and especially in the age of the internet. Donald Trump has – for now – given up on saying he can order governors to “reopen” their states, but the debate surrounding it has perverted our constitutional discussion. And that needs fixing. Wags from right to left – not …


The Health Care Cases: Instant Uninformed Reaction!!

1)  Wow.  On the specific issue here, I’ll take it. 2)  Environmental lawyers will need to look at this decision very carefully.  From an initial very quick parsing, it appears as if Chief Justice Roberts’ opinion has cut back the scope of Commerce Clause authority and under the Necessary and Proper Clause as well as …


The Supreme Court Strikes Down the Clean Air Act

Not, not really.  Not yet. Dan is a much more generous person than I am, and so it should be unsurprising that he believes that the Affordable Care Act cases do not threaten environmental law.  I respectfully dissent. The Affordable Care Act seeks to establish laws for the health insurance industry — an industry that …