David J. Porter
There is a widely held view that
Congress has virtually unlimited
power to legislate, especially concerning
economic matters.
Consider, for example, the passage
of the controversial Patient Protection
and Affordable Care Act two
years ago. While Congress’ power
to regulate the economy is not completely
unbounded, it is very farreaching
indeed. However, it was
not always so.
Under the Articles of Confederation,
Congress was powerless
to address conflicting commercial
regulations imposed by…