As I’ve pointed out before in this column, there is a sort of cottage industry among “progressive” law professors that […]
Yet another “progressive” argument for an unlimited Commerce Power doesn’t add up Read More »
On September 8 the U.S. Court of Appeals for the Fourth Circuit dismissed two suits challenging Obamacare without ever reaching
Is it a “tax” or not a “tax”? The original understanding Read More »
On August 12, the U.S. Court of Appeals for the Eleventh Circuit struck down Obamacare’s mandate that individuals buy insurance,
The latest Obamacare case was wrong to uphold Medicaid expansion—Part II Read More »
As noted in my last post, on August 12 the U.S. Court of Appeals for the Eleventh Circuit struck down
The latest Obamacare case was wrong to uphold Medicaid expansion—Part I Read More »
On August 12, the United States Court of Appeals for the Eleventh Circuit held that the insurance mandate in the
Yet Another Court Voids Obamacare’s Insurance Mandates Read More »
One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist
The greatly misunderstood Chief Justice John Marshall Read More »
As Tom Woods points out on his blog, advocates of Obamacare have dug up a 1798 federal statute that, they
Several readers sent me for comment a lengthy cover article in Time Magazine by managing editor Richard Stengel. Stengel’s piece
Time Mag’s Constitutional Baby Babble Read More »
The Independence Institute has filed amicus briefs in two of the anti-Obamacare cases. The briefs focus specifically on the Necessary
Obamacare is NOT “necessary and proper” Read More »
Probably no part of the Constitution has been so misunderstood as the Necessary and Proper Clause, which is located at
In recent months, there has been interest in states forming compacts with each other to opt out of ObamaCare or
What about Interstate Compacts? A frank look at the problems Read More »
Behind the current constitutional debates over ObamaCare, there is an assumption that Congress has power to regulate health insurance as
Is health insurance “Commerce among the States?” Read More »
