Jack Balkin
The Sleeper Argument before the Court
Since we're all waiting for the Supreme Court to give a verdict on Obamacare, and since I'm going back through possible ways the justices could rule, here's another argument that hasn't gotten nearly enough attention. Forget whether the Commerce or Necessary and Proper clauses justify the mandate. Congress has the power to levy taxes. And the mandate is a tax. READ MORE >>
Constitution Avenue
The 14th Amendment Solution
Kevin Drum is skeptical that the Obama administration would really be within its rights to ignore the debt ceiling: READ MORE >>
Health Care Reform Is Selfish, But That's OK
The big liberal find in the battle over the constitutional status of the individual mandate and, with it, the Affordable Care Act has been a law from way back in 1792: the militia act, which more or less required Americans to own guns and other items needed to serve in militias. READ MORE >>
'A Defense of Selfishness'
Some state lawmakers in South Dakota think they have a clever gimmick for showcasing the unconstitutionality of the Affordable Care Act's individual mandate: They're proposing a law that would require all citizens to buy a firearm for self-defense. Explains one of the lawmakers: Do I or the other cosponsors believe that the State of South Dakota can require citizens to buy firearms? Of course not. But at the same time, we do not believe the federal government can order every citizen to buy health insurance. READ MORE >>
Dc Gun Case Tea Leaves
Scott Lemieux and Jack Balkin have two early takes on the Supreme Court's decision to hear the challenge to the District of Columbia's gun ban. My lack of legal expertise notwithstanding, Lemieux seems right on: READ MORE >>
