The Atlantic

I'm Not a Sadist, You Sadists!
Anti-austerians: Probably wrong about the debt, certainly wrong about me
May 21, 2013

Anti-austerians are probably wrong about the debt, and certainly wrong about me

Radicals at the Supreme Court
April 03, 2012

Legal critics of the Affordable Care Act insist that their case is consistent not only with the original intent of the Constitution, but also with modern precedent. They say that the individual mandate is so "unprecedented" that it violates contemporary understandings of the "Commerce" and "Necessary and Proper" clauses, which generations of justices and legal scholars have interpreted broadly. It's a critical claim, because defenders of the law (including me) have suggested that the only way to overturn the mandate is to reject precedents and to establish new boundaries on federal powers.