The Supreme Court’s ruling that the medical-care law signed by
President Obama is partly constitutional, partly not has spawned
abundant commentary on the motives and role of Chief Justice John
Roberts. I find this heartening: it shows that people know the emperor,
or chief justice, has no clothes. One element of the buildup to the
Court’s decision, however, merits special attention.
On the H-NET e-mail list for legal scholars, Richard Leffler posted a stunning May 25 e-mail. John Marshall’s Supreme Court opinions deserve great attention, Leffler held, and yet the attorneys for and against Obamacare had said virtually nothing about them in the NFIB v. Sebelius‘s oral arguments. Leffler said he had written a Huffington Post piece showing that Obamacare was constitutional, and yet no one had noticed. He hoped that other scholars would offer their opinions.
Leffler is editor emeritus of The Documentary History of the Ratification of the Constitution, one of the great historical series. He and his colleagues have nearly completed the project of producing twenty-odd volumes of correspondence, speeches, pamphlets, broadsides, newspaper essays, and other material from the ratification dispute—the three-year process from 1787-90 when Americans debated and decided whether to live under the proposed U.S. Constitution.
Read more: http://www.theamericanconservative.com/articles/originalism-vs-obamacare/
On the H-NET e-mail list for legal scholars, Richard Leffler posted a stunning May 25 e-mail. John Marshall’s Supreme Court opinions deserve great attention, Leffler held, and yet the attorneys for and against Obamacare had said virtually nothing about them in the NFIB v. Sebelius‘s oral arguments. Leffler said he had written a Huffington Post piece showing that Obamacare was constitutional, and yet no one had noticed. He hoped that other scholars would offer their opinions.
Leffler is editor emeritus of The Documentary History of the Ratification of the Constitution, one of the great historical series. He and his colleagues have nearly completed the project of producing twenty-odd volumes of correspondence, speeches, pamphlets, broadsides, newspaper essays, and other material from the ratification dispute—the three-year process from 1787-90 when Americans debated and decided whether to live under the proposed U.S. Constitution.
Read more: http://www.theamericanconservative.com/articles/originalism-vs-obamacare/
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