CONSTITUTION - ObamaCare - Independence Institute

Yes, the Supreme Court’s Medicaid Decision was Good Contract Law 0
- August 5, 2012
In NFIB v. Sebelius (the Obamacare decision) a 7-2 majority voided that part of the law that required states to join the Medicaid expansion or lose all (not just a part) of their Medicaid funds. The court treated the federal-state Medicaid relationship as a contract. It essentially held that while the states had granted the
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Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional 0
- July 27, 2012
Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize medical malpractice law—a potential element of the Republican plan to “replace Obamacare.” Medical malpractice cases, like most areas of civil justice, traditionally are judged by state courts under state law rather than by the national
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Speaking out against the Obamacare decision 0
- July 1, 2012
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Defects in the Supremes' holding that the Obamacare penalty is a "tax"0
- June 28, 2012
For a podcast covering this subject in more detail, click here. Under the Constitution’s original meaning, the Supreme Court’s holding that Obamacare’s penalty for not purchasing health insurance is a tax is defective in at least two respects. First: The court fails to understand the Constitution’s line of distinction between those exactions that qualify as
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Obamacare and “Commerce:” Does A Include Not-A?0
- June 19, 2012
On the eve of the Supreme Court’s decision over Obamacare’s individual mandate, attention is been focused on the challengers’ argument that the mandate is outside the Commerce Power because otherwise there would be no “limiting principle” to Congress’s authority. Certainly, the question of whether congressional authority is limited or unlimited is an important issue in
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"How could a former con law professor be so ignorant?"0
- April 8, 2012
Quite a few people have asked me how President Obama, as a “former constitutional law professor,” could prove so ignorant about the Constitution. This former con law professor suggests two reasons: * Obama was not a “professor” in the sense that most people use the term—that is someone who becomes an expert in the subject
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