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Health Care: Why Jurisdiction Matters, Kevin C. Walsh
Health Care: Why Jurisdiction Matters, Kevin C. Walsh
Scholarly Articles
Congress’s enactment of comprehensive healthcare reform legislation last year was the culmination of one round of an intense debate that continues today. The second round began the same day that the first round ended, when President Obama signed the legislation. In this second round, the locus of debate has shifted from Congress to the courts, which are processing a slew of lawsuits filed immediately after enactment.
One of the most prominent is Virginia v. Sebelius. The lawsuit presents on its face a prominent and critically important question of federalism: Did Congress exceed the limits of its enumerated legislative powers by …
An Originalist Congress?, Joel Alicea
An Originalist Congress?, Joel Alicea
Scholarly Articles
Among the campaign promises Republicans made to voters this fall was a pledge that every piece of proposed legislation would cite the constitutional provision that authorizes it. Given lawmakers' reliance on the courts to determine the constitutionality of our laws, the new majority's promise could open some fascinating — and useful — debates. Chief among them: Just how should Congress interpret the Constitution?