Archive | Constitutional History
Left, Right, and Judicial Review
By Ilya Somin on July 12, 2012 5:43 pm in Conservatism, Constitutional History, Constitutional Theory, Federalism, Health Care, Individual Mandate, Originalism
Chief Justice Roberts and the window tax
By David Kopel on July 9, 2012 2:27 pm in Constitutional History, Constitutional Law, Health Care, Individual Mandate, Originalism, Taxes, Taxing and Spending Clause
Next step: Repeal the individual mandate because it is unconstitutional
By David Kopel on June 29, 2012 7:30 pm in Congress, Constitutional History, Equal Protection, Health Care, Individual Mandate, Necessary and Proper, Politics, Popular Constitutionalism, Presidency, Separation of Powers, Supreme Court, Taxes, Taxing and Spending Clause, Uncategorized
Is the individual mandate a “tax” according to the original meaning?
By David Kopel on June 29, 2012 6:30 pm in Constitutional History, Constitutional Law, Individual Mandate, Originalism, Supreme Court, Taxing and Spending Clause
NFIB as Marbury
By David Kopel on June 29, 2012 6:25 pm in Constitutional History, Constitutional Law, Federalism, Individual Mandate, Politics, Spending Clause, Supreme Court, Taxing and Spending Clause, Unconstitutional Conditions
Necessary and Proper Clause returned to the Original Understanding. Podcast with Ilya Somin, and more
By David Kopel on June 29, 2012 5:46 pm in Constitutional History, Constitutional Law, Necessary and Proper, Originalism
Scalia and Wickard: Not Unexpected
By David Bernstein on June 18, 2012 8:51 pm in Constitutional History, Constitutional Law, Constitutional Theory
How Did this Get Past The New Yorker’s Fact-Checkers?
Podcast on the creation of the Second Amendment
By David Kopel on June 8, 2012 5:55 pm in Constitutional History, Constitutional Law, Guns, Militia, Originalism
On Whiggish Constitutional History and the History of Women’s Constitutional Equality
The Great Gun Control War of the 20th Century — And its Lessons for Gun Laws Today
By David Kopel on May 31, 2012 2:37 pm in Constitutional History, Constitutional Law, Fourteenth Amendment, Guns, History, McDonald v. City of Chicago, Politics, Popular Constitutionalism, Registration, Right to carry, Supreme Court
How Four Jewish Butchers Brought Down the New Deal
No, the Supreme Court is Not Poised to Adopt a Radical Libertarian Agenda, and Certain Commentators Should be Embarrassed for Suggesting Otherwise
Reducing the Drug War’s Damage to Government Budgets
By David Kopel on May 14, 2012 4:29 pm in Constitutional History, Criminal Law, Federalism, Proposed Legislation, Supreme Court, Tenth Amendment, War on Drugs