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Balkin on the Commerce Clause

In General
On February 15, 2011
I cited it in my Prospect piece yesterday, but for people interested in the history of the Commerce Clause, I strongly recommend Jack Balkin’s forthcoming article. I would add the caveat that I don’t think that Balkin’s liberal originalism overcomes the objections I have to originalism (in whatever variant). I don’t believe his evidence is […]
Having discussed the limitations of positivist political science, I attempt to figure it out using my highly sophisticated “educated guess” method. Although it’s a “sovereign immunity” case and not a commerce clause case, I think that Hibbs is a better guide to Scalia’s vote than Raich.  Upholding a law that’s about federal hippie-punching is one […]
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