The Constitutional Commerce Clause Warrior
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The Commerce Clause is the constitutional engine of the federal regulatory state — and the dormant Commerce Clause is the constitutional brake on state economic parochialism. Together they define the boundary between federal and state regulatory power over economic life, and they generate more constitutional litigation than any other structural provision in the document.
The Constitutional Commerce Clause Warrior: The Complete Guide to Gibbons v. Ogden Through Lopez and Morrison, the New Federalism Limits on Congressional Power, the Dormant Commerce Clause, Pike Balancing, and the Complete Framework for Commerce Clause Litigation is Volume LXI of Wayne Richard Evangelista's Constitutional Law Series — the complete practitioner's guide to Commerce Clause doctrine in all its dimensions.
Wayne Richard Evangelista covers the full Commerce Clause landscape: the historical development from Gibbons v. Ogden through the antebellum era, the Schechter Poultry and Carter Coal limits, the New Deal revolution of NLRB v. Jones & Laughlin, Wickard v. Filburn's aggregation principle, the civil rights commerce power of Heart of Atlanta Motel and Katzenbach v. McClung, and the new federalism limits of United States v. Lopez, United States v. Morrison, Gonzales v. Raich, and NFIB v. Sebelius' rejection of the individual mandate as a commerce regulation. He then covers the dormant Commerce Clause in complete depth — the discrimination per se test, the Pike v. Bruce Church balancing test, the market participant exception, the congressional consent doctrine, and South Dakota v. Wayfair's application to the digital economy.
For constitutional litigators who challenge federal legislation as exceeding Commerce Clause authority, defend federal regulatory programs against federalism challenges, or attack state economic regulations as unconstitutionally discriminating against interstate commerce, this volume provides the complete doctrinal arsenal.
The Constitutional Commerce Clause Warrior
$79.99
Sale price
$79.99
Regular price