All Posts Tagged With: "commerce clause"
The Mandated Health Insurance Outrage
The most outrageous aspect of health care “reform” is the insurance mandate: Every individual will have to buy government-defined comprehensive medical coverage (if it isn’t provided by his employer)—or be fined. You must buy it. Who do these politicians think they are? For those who wonder by what authority the government can make us buy [...]
23Feb2010 | Sheldon Richman | 0 comments | ContinuedThe Power to Tax is the Power
The authority for forcing us to buy health insurance is said to be the Commerce Clause and the taxing power. TGIF looks at these claims.Read TGIF here.
27Nov2009 | Sheldon Richman | 0 comments | ContinuedWho Killed the Constitution? The Fate of American Liberty from World War I to George W. Bush
There have now been many conservative and libertarian books covering the demise of American liberty under the U.S. Constitution, so if you don’t think you need to read another one, I understand. Still, if that’s what you think, you’re wrong. The latest entry in the genre, Thomas Woods and Kevin Gutzman’s Who Killed the Constitution?, [...]
17Jun2009 | Jacob H. Huebert | 1 comment | ContinuedA Supreme Court to Be Proud Of
In the closing months of the current U.S. Supreme Court session, pundits of every stripe will be assessing the impact of recent changes in the Court’s composition. If the justices themselves are interested in how they measure up, there may be no better standard than the Court’s record under Chief Justice Melville W. Fuller. It’s a [...]
1Mar2006 | Lawrence W. Reed | 0 comments | ContinuedDos and Don’ts of Tort Reform
Five years ago a Florida jury somehow conjured up punitive damages of $145 billion for a class of tobacco plaintiffs. Two years later a California jury recommended a $28 billion treasure trove for a single claimant. And in 1998 four major cigarette companies agreed to the grandmother of all awards—a quarter-trillion-dollar settlement to reimburse the [...]
1May2005 | Robert A. Levy | 1 comment | ContinuedThe Unconstitutionality of Protectionism
Even the staunchest free trader might reluctantly concede that the apparatus of protectionism—tariffs, import quotas, and anti-dumping duties—is constitutional because clause 3 of Article I, Section 8, of the U.S. Constitution delegates to Congress “power . . . to regulate commerce with foreign nations. . . .” Before we make too hasty a concession, however, [...]
1Apr2005 | Sheldon Richman | 0 comments | ContinuedConstitutional Protection of Economic Liberty
Norman Barry, a contributing editor of Ideas on Liberty, is professor of social and political theory at the University of Buckingham in the UK. He is the author of An Introduction to Modern Political Theory (St. Martin’s Press). The Supreme Court has been deliberately neglectful of traditional American economic liberties. With the exception of some [...]
1Nov2000 | Norman Barry | 0 comments | ContinuedA Constitutional Counterrevolution
Charlotte Twight is a professor of economics at Boise State University. She is the author of Dependent on D.C.: The Rise of Federal Control Over the Lives of Ordinary Americans. Given America’s carefully crafted constitutional restrictions on central government power, how is it that intrusive federal powers over the lives of ordinary Americans took root [...]
1Oct2000 | Charlotte A. Twight | 0 comments | ContinuedDoes Rape Violate the Commerce Clause?
Last spring the U.S. Supreme Court struck down as unconstitutional a key section of the 1994 Violence Against Women Act (VAWA). That section allowed a victim of rape or other violence “motivated by gender” to sue the perpetrator for civil damages in federal court for violating her civil rights. The act was part of the [...]
1Oct2000 | Wendy McElroy | 0 comments | ContinuedUnrestrained Appetites, Unlimited Government
The federal government was supposed to be limited to a few defined powers. The Tenth Amendment to the Constitution—“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”—confirms it. The federal government, of course, does not at [...]
1May1998 | Jeffrey R. Snyder | 6 comments | ContinuedAid to Owners of Dependent Enterprises
There is widespread support for ending welfare, and for nudging, or pushing, welfare recipients into self-sufficiency through employment. Congress even voted to end Aid to Families with Dependent Children (AFDC), though President Clinton and the Republican Congress have since backpedaled. However, there has been no similar attempt to eliminate what might be called Aid to [...]
1Nov1997 | Charles W. Baird | 0 comments | ContinuedPutting the Framers’ Intent Back Into the Commerce Clause
Mr. Hagen is a third-year law student at Pepperdine University School of Law and is an editor of the Pepperdine Law Review. He is the co-author of An Endless Series of Hobgoblins: The Science and Politics of Environmental Health Scares (FEE, 1995). On April 26, 1995, for the first time in almost 60 years, the [...]
1Dec1996 | Eric W. Hagen | 0 comments | Continued-
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