Archive | Constitutional History
Some Controversies Addressed by Rehabilitating Lochner
The individual mandate is neither “necessary” nor “proper”
By David Kopel on May 11, 2011 4:51 pm in Commerce Clause, Constitutional History, Constitutional Law, Individual Mandate, Necessary and Proper
The One and Only Substantive Due Process Clause
By David Bernstein on March 23, 2011 7:48 pm in Constitutional History, Constitutional Law, Constitutional Theory, Originalism, Rehabilitating Lochner
The Progressive-Conservative View of Judicial Restraint
By David Bernstein on February 26, 2011 11:50 pm in Constitutional History, Constitutional Law, Rehabilitating Lochner
Sandefur v. Amar
By David Bernstein on February 6, 2011 11:45 pm in Constitutional History, Constitutional Law, Health Care
“Health Laws of Every Description”: Obamacare and Original Meaning
By David Kopel on February 4, 2011 6:58 pm in Constitutional History, Constitutional Law, Federalist Society, Health Care, Individual Mandate, Necessary and Proper, Originalism, Supreme Court
More “Life Imitates ‘Rehabilitating Lochner'”
By David Bernstein on December 27, 2010 9:39 pm in Constitutional History, Constitutional Law, Health Care, Rehabilitating Lochner
Life Imitates Rehabilitating Lochner
By David Bernstein on December 13, 2010 9:44 pm in Constitutional History, Health Care, Rehabilitating Lochner
Philadelphia 1787 was not a runaway convention
Lithwick’s History
Commerce in the Commerce Clause: A Response to Jack Balkin
By David Kopel on November 4, 2010 6:39 pm in Commerce Clause, Constitutional History, Economy, Originalism
A small correction for Sandefur
By David Kopel on October 17, 2010 4:04 pm in Constitutional History, Constitutional Law, Due Process Clause Property Rights, Property Rights, Supreme Court, Uncategorized
The First U.S. Supreme Court Case
By David Bernstein on October 13, 2010 10:02 pm in Constitutional History, Constitutional Law, Rehabilitating Lochner