What Isn't Commerce?

After the New Deal and the major cases about Title II of the Civil Rights Act of 1964, there was an open question about the limits of congressional power under the Commerce Clause. The first cases after Wickard v. Filburn (1942) to hold acts of Congress unconstitutional under the Commerce Clause were United States v. Lopez (1995) Morrison v. United States (2000). Together with Gonzalez v. Raich (2005), these three cases put a distinctive mark on the Rehnquist Court's Commerce Clause jurisprudence and set up the more recent constitutional debate about the Individual Mandate provision in the Affordable Care Act.

Om Podcasten

The 1787 Project is the podcast version of the lectures for Professor Justin Dyer's socially-distanced class on the U.S. Constitution at the University of Missouri. Running from August 2020 - May 2021, the course is about how the U.S. Constitution of 1787 frames the way we organize our life together as a political community. Published twice a week, the episodes explore who gets to decide big questions of public policy and why, analyze the design of our national political institutions and the contested boundaries between them, and look at the structure of constitutional rights.