Law Commons^™

Not So Unprecedented: A Review Of Unprecedented: The Constitutional Challenge To Obamacare By Josh Blackman, Randall Kelso

Randall Kelso

In his book, Unprecedented: The Constitutional Challenge to Obamacare (2013), Professor Josh Blackman presents a detailed account of the battle to defeat the Patient Protection and Affordable Care Act of 2010, giving us an inside-look at the strategy choices, and the highs and lows, of events surrounding the multiple cases involved in the ACA litigation. The book is very well-written, with lively, engaging prose, while taking the reader through the tumultuous events surrounding the ACA’s initial drafting, legislative maneuvering, and eventual passage on March 23, 2010, through the Supreme Court’s decision on its constitutionality on June 28, 2012.

Professor Blackman’s …

The Constitutional Jurisprudence Of Justice Kennedy On Separation Of Powers And Federalism, Randall Kelso, Charles Kelso

Randall Kelso

The outer limits of federal power over the States, and presidential power vis-a-vis Congress, have been shrouded in mystery throughout the life of the Constitution. Recent situations involving these issues include criticism by Democrats of unilateral action by President George W. Bush, such as with respect to the war on terrorism, and criticism by Republicans of unilateral action by President Barack Obama, such as aiding in the overthrow of Khadafi in Libya without congressional approval, waiving deportation for some aliens illegally in the United States, and waiving for one year the employer mandate in the Affordable Care Act. As the …

United States Standards Of Review Versus The International Standard Of Proportionality: Convergence And Symmetry, Randall Kelso

Randall Kelso

Abstract: R. Randall Kelso, “United States Standards of Review versus the International Standard of Proportionality: Convergence and Symmetry.”

Part I of this article notes that rights review in the United States is based on two distinct lines of authority: tier review and reasonableness balancing review. Under tier review, courts focus on whether to adopt strict scrutiny, intermediate review, or minimum rationality review. Under reasonableness balancing review, courts balance the benefits of the government regulation against the burden on the individual, and then ask whether given the benefit the burden is “unreasonable,” “clearly excessive,” “grossly excessive,” “grossly disproportionate,” or in some …

The Constitutional Jurisprudence Of Justice Kennedy On Separation Of Powers And Federalism, Randall Kelso, Charles Kelso

Randall Kelso

The outer limits of federal power over the States, and presidential power vis-a-vis Congress, have been shrouded in mystery throughout the life of the Constitution. Recent situations involving these issues include criticism by Democrats of unilateral action by President George W. Bush, such as with respect to the war on terrorism, and criticism by Republicans of unilateral action by President Barack Obama, such as aiding in the overthrow of Khadafi in Libya without congressional approval, waiving deportation for some aliens illegally in the United States, and waiving for one year the employer mandate in the Affordable Care Act. As the …

Not So Unprecedented: A Review Of Unprecedented: The Constitutional Challenge To Obamacare By Josh Blackman, Randall Kelso

Randall Kelso

In his book, Unprecedented: The Constitutional Challenge to Obamacare (2013), Professor Josh Blackman presents a detailed account of the battle to defeat the Patient Protection and Affordable Care Act of 2010, giving us an inside-look at the strategy choices, and the highs and lows, of events surrounding the multiple cases involved in the ACA litigation. The book is very well-written, with lively, engaging prose, while taking the reader through the tumultuous events surrounding the ACA’s initial drafting, legislative maneuvering, and eventual passage on March 23, 2010, through the Supreme Court’s decision on its constitutionality on June 28, 2012.

Professor Blackman’s …