[Rockingham]

An interesting point. There is heartburn in some conservative circles about federal limitations on gun suits due to worries that it would undermine arguments against a broad reading of the commerce clause -- which to me is like worrying that your automatic sprinkler system will over-water the lawn after the levee has broken and you have been flooded out.

As for the projected slave compensation suits, there are potent due process, equal protection, and ex post fact arguments against them that could reach the federal courts through declaratory actions or via direct appeal to the US Supreme Court. Or Congress could act via the commerce clause.

[supercat]

As for the projected slave compensation suits, there are potent due process, equal protection, and ex post fact arguments against them that could reach the federal courts through declaratory actions or via direct appeal to the US Supreme Court. Or Congress could act via the commerce clause.

Fine. They could have passed a law that says anyone who ever had an alergic reaction to a cotton garment could sue the grower for $1,000,000. Product-liability lawsuits based on laws passed after the products have sold are common today (whether they would have been allowed in 1790 is another question) and I don't see any due-process or equal-protection issues there.

As to Congress' remedy via the Interstate Commerce clause, that would only be allowable if one accepts its applicability in the gun-lawsuit-shield act.