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Constitution Check: Is the “Roberts Court” driven by politics?

James Madison’s concept of the separation of powers of the national government has always been thought to be a stroke of genius because it guaranteed a good deal of independence of the three major branches so that they could check each other, to prevent tyranny.

The secret life of the Commerce Clause

The want of a central authority over commercial affairs was one of the major weaknesses of the Articles of Confederation, and a central animating purpose behind the Constitutional Convention that convened in Philadelphia in the summer of 1787.

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.