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From the category archives:

Commerce Clause

Health Care Financing Reform (130): Oral Argument Before the Sixth Circuit in Thomas More Law Center v. Obama

June 2, 2011

The Sixth Circuit heard oral argument in Thomas More Law Center v. Obama yesterday on the constitutionality of the Patient Protection and Affordable Care Act. 

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Ron Paul's Position: Against Civil Rights Act of 1964 and Against Segregation Laws

May 14, 2011

Ron Paul announced yesterday that he would have voted against the federal Civil Rights Act of 1964 and that he would voted against state laws requiring segregation of the races.  Consistent with his libertarian principles, Paul elevates property rights to a preferred position under the Constitution.

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Health Care Financing Reform (127): Oral Argument in Fourth Circuit in Virginia Health Care Cases

May 11, 2011

Oral argument was held yesterday before the Fourth Circuit Court of Appeals in two cases involving the constitutionality of the Patient Protection and Affordable Care Act.  You may listen to a recording of the oral argument here.

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S.B. 1433 – Commerce Clause, Spending Clause

February 13, 2011

The last two posts have described two aspects of proposed Arizona S.B. 1433: its attempt to nullify federal laws, as well as its notion that the Constitution is a compact among the several states and that Congress' implied powers are severely limited.  This post concerns how the Bill's sponsors conceive of Congress' powers under the [...]

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Health Care Financing Reform (125): An Inherent Contradiction in the Florida District Court Decision

February 2, 2011

     In yesterday's post I critiqued Judge Roger Vinson's ruling in Florida ex rel. Bondi v. U.S. Department of Health and Human Services for failing to defer to Congress' judgment that the failure to maintain health insurance exercises a substantial effect on interstate commerce.  Today's post discusses an even more basic problem with the opinion.

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Health Care Financing Reform (121): DOMA, PPACA, and the Tax and Spending Clause

December 20, 2010

     The Patient Protection and Affordable Care Act is being challenged as unconstitutional on the ground that Congress lacks the authority to adopt the law under the Commerce Clause and the Tax and Spending Clause.  Conservatives should be careful what they wish for – the same argument could be raised against the Defense of Marriage [...]

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Health Care Financing Reform (120): Judge Hudson's Order in the Virginia Case

December 14, 2010

     In yesterday's post I described the decision of Judge Henry Hudson in Virginia v. Sibelius, in which the judge ruled that the individual mandate contained in the PPACA is unconstitutional.  There remains one other portion of his opinion to discuss – the unusual order that he entered as a result of his decision.

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Health Care Financing Reform (119): Virginia Federal Court Strikes Down Individual Mandate in Health Care Reform Act

December 13, 2010

     Judge Henry Hudson of the Federal District Court for the Eastern District of Virginia has declared an important provision of the Patient Protection and Affordable Care Act unconstitutional.

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Are the New Airport Screening Procedures Constitutional?

November 20, 2010

     Elizabeth Fuller of Yahoo News has posted an article asking Are TSA pat-downs and full-body scans unconstitutional?  Here are links to different opinions.  

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Health Care Financing Reform (118): Does Congress Have Power under the Commerce Clause to Enact the Individual Mandate?

October 18, 2010

     On October 14, Judge Roger Vinson of Florida issued  his decision addressing the government's motion to dismiss a lawsuit claiming that the health care legislation adopted by Congress earlier this year is unconstitutional.  In Saturday's post, Florida Federal Court Dismisses Four Challenges to Health Care Act, Upholds Two Challenges, I discussed the four arguments that Judge Vinson rejected.  [...]

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Health Care Financing Reform (117): Florida District Court Finds that Individual Mandate Was Not Enacted Pursuant to Taxing Power

October 17, 2010

     Florida State Attorney General Bill McCollum and other parties brought this lawsuit alleging that the Patient Protection and Affordable Care Act violates the constitution.  As reported in yesterday's post, in his ruling on October 14 Judge Roger Vinson of the federal District Court for the Central District of Florida dismissed four of Florida's arguments, but [...]

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Health Care Financing Reform (116): Florida Federal Court Dismisses Four Challenges to Health Care Act, Upholds Two Challenges

October 16, 2010

     Twenty states, two private individuals, and the National Federation of Independent Business filed a lawsuit in a Florida federal court challenging the constitutionality of the Patient Protection and Affordable Care Act that was adopted by Congress and signed by the President earlier this year.  The government filed a motion to dismiss this case for [...]

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