Archive for the ‘commerce clause’ Category

Wrong Questions in Hosanna-Tabor Religious Freedom Case

Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”) is a religious school in Redford, Michigan who terminated employment of a teacher and commissioned minister named Cheryl Perich after a disability-related leave of absence for narcolepsy. Perich taught a full secular curriculum along with religion and lead students in prayer. Perich filed a complaint with the Equal [...]

NAFTA Trucking Provision Unconstitutional

Remember that trucking provision under NAFTA (The North American Free Trade Agreement), which was ratified in November of 1993, allowing Mexican trucks to access border States highways by 1995 and to all US highways by 2000? The trucking provision of the agreement has never been fully implemented due to safety concerns of Mexican trucks, which [...]

How States & Nations Regulated their Commercial Intercourse

The United States Supreme court tells us their “case law firmly establishes Congress’ power to regulate purely local activities that are part of an economic ‘class of activities’ that have a substantial effect on interstate commerce.” The question explored here is whether such “case law” is supported in any way by the history, text and [...]

Fight Obamacare with Truth, not Lawsuits (for now)

If you think fighting the Patient Protection and Affordable Care Act is a matter solely devoted to filing lawsuits you are deeply mistaken. The reason lawsuits will have little effect is because the entire judicial system is a house of cards built upon a foundation of fiction and lies the court is willing to jealousy [...]

Penalizing the Commerce Clause

Note: I cannot believe I neglected finishing this post until now (9/13/07). A California woman whose doctor says marijuana is the only medicine keeping her alive can face federal prosecution on drug charges, a federal appeals court ruled. The ruling Wednesday was the latest legal defeat for Angel Raich, a mother of two from Oakland [...]