Bitcoin, the Commerce Clause, and Bayesian Stare Decisis

18 Pages Posted: 24 May 2019

See all articles by F. E. Guerra-Pujol

F. E. Guerra-Pujol

Pontifical Catholic University of Puerto Rico; University of Central Florida

Date Written: April 28, 2019


Part I briefly considers the taxation of bitcoin transactions to give the reader some sense of the constitutional Pandora’s box that was opened by South Dakota v. Wayfair. Part II then delves into one aspect of the Wayfair decision that has broad implications for the future. Specifically, when does technological change justify a departure from the Court's previous Commerce Clause decisions? Part III sketches a possible solution to the problem of horizontal precedent: the application of Bayesian voting to questions of horizontal precedent, or "Bayesian Stare Decisis." Part IV summarizes this Bayesian proposal and concludes.

Keywords: Bayesian Voting, Bitcoin, South Dakota v. Wayfair, Stare Decisis

JEL Classification: K24, K34, K49

Suggested Citation

Guerra-Pujol, F. E., Bitcoin, the Commerce Clause, and Bayesian Stare Decisis (April 28, 2019). Chapman Law Review, Vol. 22, No. 1 (2019), pp. 143-160, Available at SSRN:

F. E. Guerra-Pujol (Contact Author)

Pontifical Catholic University of Puerto Rico ( email )

University of Central Florida ( email )

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