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Posts tagged as:

necessary and proper clause

Why the Courts Must Presume that Economic Legislation is Constitutional

April 6, 2012

In yesterday's post I cited abundant authority in support of the principle that the courts must defer to the judgment of Congress in reviewing the constitutionality of economic legislation. Decisions under the Due Process, Equal Protection Clause, Spending Clause, and Commerce Clause all reveal the same idea, that the courts lack the power to second-guess […]

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Health Care Briefs: Which Side Are You On?, continued. Et tu, Chamber of Commerce?

March 13, 2012

The amicus brief filed by the United States Chamber of Commerce on the issue of severability actually presents a highly persuasive argument in support of the constitutionality of the individual mandate in the Affordable Care Act.

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Health Care Briefs: The Single Payer Action Brief: Which Side Are You On?

March 12, 2012

Some amicus briefs remind me of that old Pete Seeger song, Which Side Are You On?

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Health Care Financing Reform (136): The Constitutional Issues

October 19, 2011

This post summarizes the constitutional issues that the Supreme Court will have to determine in addressing the constitutionality of the individual mandate contained in the 2010 federal health care law.

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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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Arizona S.B. 1433: Its General Theories of Constitutional Interpretation

February 13, 2011

In yesterday's post I critiqued the substantive portion of Arizona S.B. 1433 – the discredited notion that the states can nullify federal laws – the theory that led directly to the Civil War.  Today's post deals with the bill's general theory of constitutional interpretation.

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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: (77) Congress' Power Under the Constitution to Adopt Health Care Reform

December 1, 2009

     There has been an ongoing debate on the Jalk Balkin's blog balkinization on the question of whether Congress has the authority under the Constitution to require individuals to purchase health insurance.  Ruth Marcus at Real Clear Politics has written a clear and concise essay concluding that Congress does indeed have this power under Commerce […]

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Why People Disagree About the Meaning of the Constitution: Intratextual Arguments

October 7, 2008

     One way of divining the meaning of the Constitution is to treat it as a dictionary or better yet a codex – as if you were faced with deciphering a large block of hieroglyphics with only internal clues to work with.

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The Bailout Legislation – Is It Constitutional?

September 22, 2008

     The proposed bailout legislation is fascinating, in a horrifying way, on so many levels – politically, economically, ideologically.  What about its constitutionality?

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