Archive | Constitutional Theory
Should Courts Only Strike Down Laws as Unconstitutional if “People of All Political Persuasions” Agree?
When is it Legitimate for Judges to Base Constitutional Decisions on their Perceived Legitimacy?
By Ilya Somin on May 24, 2012 10:00 am in Constitutional Theory, Health Care, Individual Mandate, Public Opinion
Nonlegal Arguments for Upholding the Individual Mandate
By Ilya Somin on May 21, 2012 5:57 pm in Commerce Clause, Conservatism, Constitutional Theory, Federalism, Health Care, Individual Mandate, Public Opinion
The PPACA in Wonderland
By David Kopel on May 18, 2012 11:21 pm in Constitutional Law, Constitutional Theory, Federalism, Health Care, Individual Mandate
Constitutional Separation of Powers vs. Parliamentary Government
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
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
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
Andy Koppelman wonders: Are people who disagree with him just stupid, or are are they insane?
By David Kopel on April 1, 2012 4:48 pm in Constitutional Law, Constitutional Theory, Health Care, Individual Mandate, Psychology, Uncategorized
Life Imitates Rehabilitating Lochner, Again
Reassessing Our Federal and State Constitutions
By Ilya Somin on March 8, 2012 11:27 pm in Constitutional Amendments, Constitutional Law, Constitutional Theory, Federalism, Voting With Your Feet
Larry Solum on Originalism and Political Ignorance
By Ilya Somin on March 6, 2012 6:39 pm in Constitutional Law, Constitutional Theory, Originalism, Political Ignorance
Originalism and Political Ignorance
Substantive Due Process News
By David Bernstein on February 22, 2012 4:06 pm in Constitutional History, Constitutional Law, Constitutional Theory, Originalism