Since the 1990s, legal conservatives have been engaged in a two-front war against legal liberalism. Throughout the twentieth century, the Commerce Clause was the primary constitutional instrument of American liberalism. It underwrote the New Deal, the right to organize unions, the Civil Rights Act, and anti-discrimination in the workplace. Beginning in the 1990s, conservatives have beaten back the Commerce Clause. Where legal liberals expanded the meaning of commerce to include not only the entirety of the economy but also what affected that economy—whether it be racial segregation, violence against women, or handgun possession near schools—legal conservatives have sought to radically restrict the meaning of commerce to, in some cases, simple trade or “exchange for value.” In taking away this constitutional instrument from American liberalism, […]