| Each side has also found encouragement in Justice Antonin Scalia's concurring opinion in the last significant commerce clause case. |
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| The court thus sidestepped the critical issue of whether the Constitution's commerce clause gave the federal government the authority to act as national arbiters of morality. |
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| Many businesses are regulable because of the interstate commerce clause of the United States' Constitution. |
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| But in the early 19th century, the Supreme Court began construing the commerce clause more expansively, using it to prevent states from taking action that is indirectly prejudicial to interstate commerce. |
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| It is supremely ironic that the Ninth Circuit is the court of appeals that is taking the Supreme Court's new Commerce Clause jurisprudence the most seriously. |
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| This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. |
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| Supreme Court did not invalidate any federal statute as exceeding Congress' power under the Commerce Clause. |
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| Reich suggests debate over the Commerce Clause continues today. |
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