[Ilya Somin] Justice Thomas on why the Foreign Commerce Clause does not make Congress “the world’s lawgiver”

The Supreme Court recently refused to hear Baston v. United States, a case involving the scope of the Foreign Commerce Clause, which gives Congress the power to “regulate Commerce with foreign Nations.” Justice Clarence Thomas filed a forceful dissent to denial of certiorari (beginning at pg. 28 of the linked document), arguing that the Court […]