The Most Revealing Word in the United States Reports
The Green Bag, Forthcoming
7 Pages Posted: 5 Aug 2019
Date Written: July 31, 2019
Abstract
If you read 567 U.S. 648 carefully, you will find a single word that suggests an important weakness in the idea that Commerce Clause doctrine, properly understood, recognized a distinction between action and inaction prior to NFIB v. Sebelius.
Keywords: constitutional law, constitutional interpretation, judicial review
Suggested Citation: Suggested Citation
Primus, Richard, The Most Revealing Word in the United States Reports (July 31, 2019). The Green Bag, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3430018 or http://dx.doi.org/10.2139/ssrn.3430018
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