While supporters – and opponents – of the monster state often point to 3 New Deal era cases as pivotal for expansion of federal power under the Commerce Clause, it’s important to go even further back, to 1824, and John Marshall’s landmark opinion in Gibbons v. Ogden.
Path to Liberty, Fast Friday Edition: November 20, 2020
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Four Cases that Expanded the Commerce Clause
Wickard v. Filburn, 317 U.S. 111 (1942)
How One Landmark Case Shaped the Commerce Clause
Gibbons v. Ogden: Defining Congress’ power under the Commerce Clause
Kurt Lash: Tucker’s Rule
Randy Barnett: Original Meaning of the Commerce Clause
The greatly misunderstood Chief Justice John Marshall
A new look at Marshall
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