In declaring unconstitutional the new requirement for Americans to buy health insurance, federal Judge Henry Hudson rests his decision on one of the most widely applied clauses in the Constitution.

A number of U.S. states that have legalized the sale of marijuana are being sued by companies that have not entered the legal market, using the Constitution's dormant commerce clause as their basis ...

March 2 marks the anniversary of the Supreme Court’s landmark decision in Gibbons v. Ogden. Decided in 1824, Gibbons was the first major case in the still-developing jurisprudence regarding the ...

David Meyers, Columbia Law School Class of 2013, worked as a staffer to President George W. Bush from 2006 to 2009 and later in the US Senate. He argues that although health care reform may fit within ...

The language of the Constitution itself has been absent from coverage of the Supreme Court's hearings on Obamacare. Here's a refresher. The Supreme Court case that may determine the fate of the ...

Chief Justice Roberts was entirely correct in holding that the Affordable Care Act's individual mandate could be sustained as a tax. But in describing why that was the case, Roberts also revealed a ...

Two constitutional provisions at issue in the health-care challenges are the “necessary and proper” clause and the commerce clause. Necessary and proper clause: Congress has the power to "make all ...

Journal Editorial Report: Paul Gigot interviews High Court specialist Ilya Shapiro. Evan Golub/Zuma Press Photo: Evan Golub/Zuma Press The Supreme Court is doing an originalist cleanup job on decades ...

Summer is upon us. Soon, the Supreme Court will release its final opinions of the term and go into recess, leaving those of us in the legal tech world to resume the activity that occupied most of ...

Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets. The case, Northeast ...

There are no words that cause raw milk advocates more heartburn than these: “The Congress shall have Power …To regulate Commerce with foreign nations, and among the several States, and with Indian ...