Tag: “federalism”

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I have an article up at the Prospect on the hot new trend in arguments that policies that Republicans supported until Obama started supporting them represent a massive threat to liberty and the Constitution: if the Supreme Court upholds the mandate, the broccoli tyrants will be knocking down your door.    The argument, of course, makes […]
The proposed amendment that would allow 2/3rds of the states to repeal federal legislation is getting a surprising amount of attention. A few points: What would we be without wishful thinking:  “Randy E. Barnett, a law professor at Georgetown who helped draft the amendment, argued that it stood a better chance than others that have […]

Good Luck With That

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On October 12, 2010
Shorter Phillip Klein: If the Supreme Court decides to uphold the ACA, giving the federal government “broad new powers” to regulate the national economy that it has had since 1942, we need a constitutional convention! What I enjoy most about reading this kind of thing is conservertarians who believe that rolling back the federal government […]

I’ve seen in several places that Souter, while an admirable justice, didn’t produce a lot of memorable quotes. I suppose this is true. But his coruscating demolitions of the Rehnquist Cour

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