Law Commons^™

The Future Of The Foreign Commerce Clause, Scott Sullivan

Scott Sullivan

The Foreign Commerce Clause has been lost, subsumed by its interstate cousin, and overshadowed in foreign relations by the treaty power. Consistent with its original purpose and the implied, but unrefined view asserted by the judiciary, this Article articulates a broader and deeper Foreign Commerce power than is popularly understood. It reframes doctrinal considerations for a reinvigorated Foreign Commerce Clause— both as an independent power and in alliance with other coordinate foreign affairs powers—and demonstrates that increasing global complexity and interdependence makes broad and deep federal authority under this power crucial to effective and efficient action in matters of national …

Scrutinizing Federal Electoral Qualifications, Derek T. Muller

Indiana Law Journal

Candidates for federal office must meet several constitutional qualifications. Sometimes, whether a candidate meets those qualifications is a matter of dispute. Courts and litigants often assume that a state has the power to include or exclude candidates from the ballot on the basis of the state’s own scrutiny of candidates’ qualifications. Courts and litigants also often assume that the matter is not left to the states but to Congress or another political actor. But those contradictory assumptions have never been examined, until now.

This Article compiles the mandates of the Constitution, the precedents of Congress, the practices of states administering …

The Future Of The Foreign Commerce Clause, Scott Sullivan

Journal Articles

The Foreign Commerce Clause has been lost, subsumed by its interstate cousin, and overshadowed in foreign relations by the treaty power. Consistent with its original purpose and the implied, but unrefined view asserted by the judiciary, this Article articulates a broader and deeper Foreign Commerce power than is popularly understood. It reframes doctrinal considerations for a reinvigorated Foreign Commerce Clause--both as an independent power and in alliance with other coordinate foreign affairs powers--and demonstrates that increasing global complexity and interdependence makes broad and deep federal authority under this power crucial to effective and efficient action in matters of national concern.

The Marshall Court: Nationalization Of Private Rights And Personal Liberty From The Authority Of The Commerce Clause, W. Howard Mann

Indiana Law Journal

No abstract provided.

Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.