The Federalist Papers, the Commerce Clause, and Federal Tort Reform
45 SUFFOLK U. L. REV. 357 (2012)
In the modern era, Congress has enacted many federal “tort reform” statutes that supersede contrary state laws, and judicial precedents leave little doubt as to their constitutionality. Still, some question the appropriate constitutional role of Congress in enacting federal tort reform. This article explores the support for federal tort reform found in the constitutional principles articulated by James Madison, Alexander Hamilton, and other leading founding figures, with particular emphasis on the Federalist Papers.
