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Article
Commerce in the Commerce Clause: A Response to Jack Balkin
Michigan Law Review First Impressions (2010)
  • David B Kopel
  • Robert G Natelson, Independence Institute
Abstract

The Constitution’s original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island’s ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin’s article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution’s Commerce Clause a scope that virtually no one in the Founding Era believed it had.

Keywords
  • Interstate commerce clause,
  • Affordable Care Act,
  • individual mandate,
  • health care
Publication Date
2010
Citation Information
David B Kopel and Robert G Natelson. "Commerce in the Commerce Clause: A Response to Jack Balkin" Michigan Law Review First Impressions Vol. 109 (2010)
Available at: http://works.bepress.com/david_kopel/39/