CONSTITUTION - ObamaCare - Independence Institute

The Myth of the “Conservative Supreme Court”0
- January 19, 2013
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting the Constitution according to the understanding of the makers. The claim that the Court has a conservative majority is certainly widespread. Googling the phrase “conservative supreme court” turned up over 38 million hits. The more
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Why States Must Shun the Obamacare Medicaid Expansion 0
- December 6, 2012
During the Obamacare case before the Supreme Court, the Independence Institute argued that the law’s provisions forcing the states to expand Medicaid were unconstitutional. Neither the Constitution nor case law, we pointed out, permits the federal government to use federal spending programs to coerce the states. Seven of the nine justices agreed with us, essentially
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“Necessary and Proper” = “Necessaria et Opportuna”0
- November 17, 2012
To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s Necessary and Proper Clause (I-8-18). But is that provision really broad enough to authorize what they claim it authorizes? This little essay focuses on the meaning of the word “necessary.” Early legal documents—used by English
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What now?0
- November 9, 2012
The November 6 election outcome has many friends of the Constitution dispirited. As so often before, they hoped that by defeating federal candidates contemptuous of constitutional limits and replacing them with others, they could help restore our Constitution. Obviously, that decades-long strategy has failed—spectacularly. They also have long hoped that by appointing the right people
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Celebrating Justice O’Connor: Parade Magazine Muffs the Job 0
- October 1, 2012
Yesterday’s Parade Magazine, the Sunday insert, featured a cover article on former Supreme Court Justice Sandra Day O’Connor. It was a terrific choice: Justice O’Connor has lived an inspirational life. But Parade essentially muffed the job. While displaying its eagerness to celebrate some of her more liberal views, the article entirely overlooked Justice O’Connor’s truly
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Neat Stuff We Learn About the Constitution When We Go Beyond The Federalist Papers 0
- August 26, 2012
If you want to know more about the Constitution, don’t rely exclusively—or even primarily—on the Federalist Papers. For a good illustration of what other authors can teach us, read on. During the 1787-90 ratification debates over the Constitution, much more than The Federalist was written to illustrate the document’s meaning. True, The Federalist is among
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