Mar 26

Taking its place in history…



Posted 1 year, 1 month ago.

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Where, one may ask, will a Supreme Court ruling on the Patient Protection and Affordable Care Act stand in history?



Mar 22

Health care hearings – what to listen for (Part 2)



Posted 1 year, 2 months ago.

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Few exercises in interpreting the Constitution are as bizarre as the one that the Supreme Court and lower courts go through if they strike down only a part of a multi-faceted law, and then decide what of the remainder can survive.



Mar 20

Health care hearings – what to listen for (Part 1 of 2)



Posted 1 year, 2 months ago.

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For both lawyers, most of the questions coming from the bench probably will be about Congress’s powers under the Commerce Clause, though some will explore the Necessary and Proper Clause, and at least a few questions may focus on the mandate as a form of tax.



Mar 15

Constitution Check: Has the time come to limit congressional terms?



Posted 1 year, 2 months ago.

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It has been 17 years since the Supreme Court ruled that the states have no authority under state law to impose term limits on those who seek seats in the U.S. House of Representatives.



Mar 13

Constitution Check: Can the public get access to the legal reasons for targeted killing?



Posted 1 year, 2 months ago.

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The simple fact is that, under the Constitution, the government cannot be forced to disclose internal documents of a kind that have not traditionally been made public.