Document Type

Article

Publication Title

Arizona State Law Journal

Abstract

In other writings, I have made it abundantly clear that I think that all of the New Deal innovations on the commerce power and in connection with property rights and freedom of contract are fundamentally misguided insofar as they promote centralized power that allows for the massive federal destruction of competitive markets, by putting into their place a wide range of monopoly structures. It thus remains the case, for example, that the FLSA is as unconstitutional on this view of the world, both as a matter of individual rights and of federal power, as are the National Labor Relations Act, the Agricultural Adjustment Acts, and the numerous other New Deal statutes that put a command-and-control system in place of competitive markets, the latter which guarantee both greater individual freedom and higher levels of output. But in this article, I shall leave those considerations to one side, and ask the question of how best to treat different forms of regulation and taxation that generally have passed constitutional muster, in the specific context of their application against state activities for which the state has inserted a defense of sovereignty.

First Page

935

Volume

49

Publication Date

2017

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