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Party Polarization And Judicial Review: Lessons From The Affordable Care Act, Neal Devins
Party Polarization And Judicial Review: Lessons From The Affordable Care Act, Neal Devins
Faculty Publications
Congress paid nearly no attention to the Constitution when enacting the Affordable Care Act (ACA) in 2010. Legislative hearings and committee reports ignored the Constitution altogether; legislative debates largely did the same. This Essay both highlights Congress’s indifference to the Constitution when enacting the ACA and examines the reasons behind this legislative failure. In particular, this Essay advances three explanations. First, Congress is generally uninterested in “public goods” like constitutional interpretation. Second, the polarization of Democrats and Republicans in Congress further depresses Congress’s interest in thinking about the Constitution; instead, the majority party seeks to limit opportunities for the minority …
Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins
Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins
Faculty Publications
No abstract provided.