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It’s Time For ObamaCare To Face A Death Panel

Posted on March 26, 2012 by Jay Reding

The Supreme Court is currently conducting a marathon three-day session of oral arguments on the challenges to ObamaCare, an almost unprecedented amount of time for the Court to consider any case. But the ObamaCare issue isn’t just another case, or even just another case involving weighty constitutional issues. If the Court upholds ObamaCare’s individual mandate, [...]

Posted in The Law

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Yes, Virginia, Congresscritters Should Care About The Constitution

Posted on September 29, 2010 by Jay Reding

Newsweek has a stereotypical hit piece on the recent Republican Pledge to America. Ramesh Ponnuru notes a curious passage from the piece: Not so harmless, however, is the promise to require every bill to be certified as constitutional before it is voted on. We have a mechanism for assessing the constitutionality of legislation, which is [...]

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Congress To Illinois: Get Rid Of Blago Or No Cash

Posted on January 26, 2009 by Jay Reding

Jim Geraghty notes a curious provision in the stimulus bill directed at the State of Illinois: None of the funds provided by this Act may be made available to the State of Illinois, or any agency of the State, unless (1) the use of such funds by the State is approved in legislation enacted by [...]

Posted in Political Philosophy, Politics, The Law

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Telecom Immunity, Ex Past Facto Laws, And Executive Power

Posted on October 20, 2007 by Jay Reding

Glenn Reynolds shows why the bill to give retroactive immunity to telecom companies involved who turned over data to the government as part of anti-terrorism investigations is not an ex post facto law. He also has another interesting follow-up post on how the idea of strong Executive powers under the Constitution is nothing new—using an [...]

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