Archive | Constitutional Law
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
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
Poll Shocker: Majority of Liberal Law Professors Believe Mandate Is Constitutional
Scalia and Wickard: Not Unexpected
By David Bernstein on June 18, 2012 8:51 pm in Constitutional History, Constitutional Law, Constitutional Theory
Origins of Commerce Clause Objections to the Individual Mandate
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
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
Evolving International Law and Defining Offenses
By Eugene Kontorovich on May 24, 2012 11:58 am in Alien Tort Statute, Constitutional Law, International Law
The PPACA in Wonderland
By David Kopel on May 18, 2012 11:21 pm in Constitutional Law, Constitutional Theory, Federalism, Health Care, Individual Mandate
The Potential Impact of the People’s Rights Amendment Goes Far Beyond Restricting Freedom of Speech
By Ilya Somin on April 26, 2012 10:22 pm in Constitutional Amendments, Constitutional Law, Constitutional Theory, Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses
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
Berman on the Unconstitutionality of the ACA’s Medicaid Provisions
By David Bernstein on April 13, 2012 7:45 pm in Constitutional Law, Constitutional Theory, Unconstitutional Conditions