tort reform

Evidence on the Powers the Constitution Leaves Exclusively to the States 0
- May 18, 2015
This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the exclusive powers of states—the realm the federal government may not invade without violating the Constitution? When discussing state authority, the Founders usually pointed out only that the federal government’s powers were, as Madison said, “few
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Two Overreaching GOP House Bills Show Why We Need a Convention of States 0
- May 17, 2015
Two bills introduced in the U.S. House of Representatives show that whatever they may say on the campaign trail, many Republicans in Congress don’t have much more respect for federalism, states’ rights, or local control than Democrats do. These two bills also demonstrate, if further demonstration be needed, that Congress has broken almost all constitutional
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Supreme Court’s Obamacare Decision Renders Federal “Tort-Reform” Bill Unconstitutional 0
- October 18, 2013
Just to show you that hypocrisy is alive and well in Washington, D.C. (as if you didn’t know), Title V of the Republican bill to “repeal and replace Obamacare” contains some of the same constitutional problems that led 27 states to challenge Obamacare. Under Title V, Congress would partially assume command of state jury trials
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Did the Founders’ Constitution Permit Federal Tort Reform?0
- November 23, 2012
NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the national Chamber of Commerce, super-lawyer Paul Clement has authored a new paper arguing that federal tort reform is constitutional. The paper begins with a section purporting to show that the Framers’ Commerce Clause was broad
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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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House Rules Committee: “Violate Your Oath No Matter How You Vote!”0
- March 15, 2012
It’s a stunning betrayal of all those hardworking, pro-Constitution Americans who gave U.S. House Republicans their majority. Republicans controlling the House Rules Committee have added sweeping new mandates on the states to a bill repealing part of Obamacare. The result is revised H.R. 5. Just on good government grounds, those two very different items do
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