Thursday, December 15, is Bill of Rights Day, a time when citizens are told to celebrate the first ten amendments to the Constitution. Scholars such as Yale’s Akhil Amar describe the Bill of Rights as “the high temple of our constitutional order—America’s Parthenon.” Most of the public buys into this and believes that the…
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Recently, I have written a couple of short op-eds (see here and here) arguing that commerce, to the Framers and ratifiers of the Constitution, did not mean economic activity, gainful activity, etc.  It means trade–among the states or with foreign nations, or with Indians.  The purpose of the  interstate Commerce Clause, which should guide interpretation, is creation of a…
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