Currently browsing: Article I

Constitution Check: Can a state close its borders entirely to undocumented immigrants?

It may be that, when the Supreme Court rules on state power to monitor and restrict the activities of people who have entered the U.S. illegally and remain without permission, the Justices will give states additional authority.

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

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.

Rejecting Affordable Care Act is rejecting Constitution

The justices have the power to declare the law unconstitutional and thereby kill “Obamacare” before it even leaves the birthing chamber. While some believe that such an outcome would be proper, we disagree.