Archive | Constitutional History
Seventy Years after the New Deal Revolution, Child Labor is Still Legal
Child Labor and the Supreme Court, One More Time
Post-argument debate on the constitutionality of Obamacare
By David Kopel on April 18, 2012 12:00 am in Commerce Clause, Constitutional History, Constitutional Law, Federalism, Health Care, Individual Mandate, Necessary and Proper, Taxing and Spending Clause
The Lochner Awards
Correcting Jonathan Cohn on the New Deal Cases
The Washington Post on Lochner and The ACA
By David Bernstein on April 9, 2012 7:54 pm in Constitutional History, Constitutional Law, Rehabilitating Lochner
Ridiculous Supreme Court Pronouncements
More on Koppelman on Federalism
Obama on Lochner v. New York
President Obama versus the Constitution
By David Kopel on April 2, 2012 11:54 pm in Congress, Constitutional History, Constitutional Law, Constitutional Theory, Counter-Terrorism Policy, Executive Branch, Federalism, Growth of Government, Habeas, Health Care, History, Individual Mandate, Jefferson, Judicial Power, Obama, Presidency, Public Opinion, Supreme Court, Uncategorized, War on Terror
Koppelman on Health Care and Child Labor
By David Bernstein on April 2, 2012 1:49 am in Constitutional History, Constitutional Law, Health Care
The Individual Mandate Litigation: What’s Lochner got to do with It?
By David Bernstein on March 21, 2012 9:24 pm in Academia, Constitutional History, Constitutional Law, Health Care
ConText: Crowd-Sourcing James Madison’s Notes of the Convention
Review of Flagrant Conduct in the New York Review of Books
By Dale Carpenter on March 16, 2012 10:01 am in Civil Rights, Constitutional History, Constitutional Law, Flagrant Conduct: Lawrence v. Texas, Gay Marriage, Gay Rights, Sexual Orientation