Advisory Opinions Did Congress Stretch the Commerce Clause Too Far? | Interview: Jonathan Karl
Nov 18, 2025
Jonathan Karl, a veteran political journalist and author of 'Retribution,' dives into the intricate web of Donald Trump's legal troubles and their implications for the 2024 campaign. He discusses how the New York hush-money case set a provocative tone for public perception. Karl also touches on the pace of DOJ investigations and shares insights on Trump's contentious decision to pardon January 6 participants. Through engaging anecdotes, he illustrates the dramatic fallout from these legal battles and their significant political ramifications.
AI Snips
Chapters
Books
Transcript
Episode notes
Lopez Reasserted Limits On Commerce Power
- US v. Lopez limited Congress's Commerce Clause by creating three categories for regulation under interstate commerce.
- That decision prevents Congress from federalizing purely local non-economic activity without a clear interstate nexus.
Arbery Chase Led To Dual Convictions
- David French recounts the Ahmaud Arbery chase and killing by a father-son duo and a third armed pursuer.
- The horrific facts led to state convictions and federal charges requiring an interstate-commerce element.
Cars As Instrumentalities Expand Federal Reach
- The 11th Circuit majority treated automobiles as per se instrumentalities of interstate commerce for federal kidnapping jurisdiction.
- That categorical rule risks converting nearly every in-state crime involving a car into federal jurisdiction.
