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commerce clause

Matthew Shephard Hate Crimes Prevention Act Enacted by Congress – Some Constitutional Considerations

October 23, 2009

     Yesterday Congress enacted the Matthew Shepard Hate Crimes Prevention Act as part of the National Defense Reauthorization Act for 2010.  This law makes it a federal offense to assault people because of their race, color, religion, national origin, gender, sexual orientation, gender identity or disability.  However, because of constitutional considerations, crimes based on the [...]

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Obama Administration Discourages Prosecution in "Medical Marijuana" Cases

October 19, 2009

     The AP is reporting that the Justice Department is sending guidelines to federal prosecutors today advising them not to prosecute the sale of marijuana where such sales are in compliance with state laws.  This news has interesting implications under the Constitution.

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Response to a Question about the Commerce Clause

October 17, 2009

     Yesterday Dave, a frequent commenter, in response to a column by my colleague Lynn Lenart, challenged the constitutionality of the Environmental Protection Act.  Specifically, he argued that Congress lacks the authority under the Commerce Clause of the Constitution to regulate air and water pollution that occurs entirely within the state of Ohio.  I disagree.

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The Bailout Legislation – Is It Constitutional?

September 22, 2008

     The proposed bailout legislation is fascinating, in a horrifying way, on so many levels – politically, economically, ideologically.  What about its constitutionality?

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The Great Lakes Compact – Now It's Up to Congress to Prevent the Water Wars

July 16, 2008

At long last, the eight states of the Great Lakes Basin and two Canadian provinces have all agreed to the Great Lakes-St. Lawrence River Water Resources Compact. Unlike the fast-growing regions of the South and Southwest, we are blessed with the single largest source of fresh water in the world – the Great Lakes. As [...]

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