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Nfib V Sebelius
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Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Download or read book NFIB V. Sebelius written by Erika Lunder and published by . This book was released on 2012 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Health Care Case by : Nathaniel Persily
Download or read book The Health Care Case written by Nathaniel Persily and published by Oxford University Press, USA. This book was released on 2013-07-04 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.
Book Synopsis The People Themselves by : Larry Kramer
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Book Synopsis The Affordable Care Act Decision by : Fritz Allhoff
Download or read book The Affordable Care Act Decision written by Fritz Allhoff and published by Routledge. This book was released on 2014-02-18 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications.
Book Synopsis Rethinking the New Deal Court by : Barry Cushman
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Book Synopsis The Health Care Case by : Nathaniel Persily
Download or read book The Health Care Case written by Nathaniel Persily and published by Oxford University Press. This book was released on 2013-05-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. Like the legislative battle leading to adoption of "Obamacare", the litigation took many unexpected twists and turns, culminating in a surprising, fractured and confusing decision from the Supreme Court. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.
Book Synopsis ObamaCare on Trial by : Einer Elhauge
Download or read book ObamaCare on Trial written by Einer Elhauge and published by Createspace Independent Publishing Platform. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short book analyzes the Obamacare case - focusing on many points the Supreme Court was never told about - including the fact that the constitutional framers themselves had approved mandates to buy health insurance! "Anyone who cares about the Supreme Court's approach to constitutional issues - and especially about the claims of some Justices that they try to follow the Constitution's original meaning - must read Einer Elhauge's devastating analysis of what all nine Justices, and the hundreds of advocates whose briefs and arguments they studied, simply failed to take into account when the Supreme Court decided the Health Care Case of 2012. No history of that decision will be complete unless it includes this brilliant and eminently readable little book - a book that deserves to become an instant classic." - Laurence H. Tribe, Harvard Law Professor, leading constitutional law scholar, acclaimed Supreme Court advocate, and author of many books, including the highly influential treatise, American Constitutional Law. "An illuminating analysis of the Supreme Court decision on Obamacare that offers rigor and insight, written by a brilliant legal mind." - Amy Chua, Yale Law Professor and author of World on Fire, Days of Empire, and Battle Hymn of the Tiger Mother. "Einer Elhauge is the single best and most incisive commentator on the constitutionality of the individual mandate and the Affordable Care Act more generally. His gathering of precedent and penetrating analysis will convince you that much of the Court's arguments were mistaken." - Ezekiel J. Emanuel, M.D., Ph.D., University of Pennsylvania Professor and Chair of the Department of Medical Ethics and Health Policy, former Special Advisor for Health Policy to the Obama White House OMB, New York Times columnist, and author of many books on health care. "Elhauge asked a brilliant and devastatingly simple question of the Supreme Court's so-called 'originalists.' They simply ignored it. This beautiful book tells a story history won't forget." - Lawrence Lessig, Harvard Law Professor, and leading scholar and author of many books on Constitutional Law and Internet Law. "Einer Elhauge brings to the debate over the individual mandate an extraordinary combination of skills: he is deeply knowledgeable about health policy, and he is also a terrific lawyer. This book is the result of his exceptional insight, and it demonstrates why the attacks on the health care reform law were so utterly misguided. Anyone who wants to understand this chapter in our history should read this book." - David Strauss, University of Chicago Law Professor, author of The Living Constitution, and leading constitutional law scholar who has argued 18 cases before the Supreme Court. "Elhauge's lucid account of the battle over health care mandates seeks answers to important questions wherever they may lie, without letting policy preferences or political ideology drive outcomes. That's a rare and refreshing approach. He re-inspires confidence in the notion that the Constitution's principles can unite people with disparate views, rather than being bent by a bare majority to whatever preordained task is at hand." - Jonathan Zittrain, Harvard Law Professor, co-director of the Berkman Center, and author of The Future of the Internet -- And How to Stop It.
Book Synopsis Our Republican Constitution by : Randy E. Barnett
Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Download or read book The Chief written by Joan Biskupic and published by Hachette UK. This book was released on 2019-03-26 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
Download or read book 50 Vetoes written by Michael F. Cannon and published by Cato Institute. This book was released on 2013-03-27 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Patient Protection and Affordable Care Act (PPACA) remains vulnerable to repeal, largely because Congress and the Supreme Court have granted each state the power to veto major provisions of the law before they take effect in 2014. The PPACA itself empowers states to block the employer mandate, to exempt many of their low- and middle-income taxpayers from the individual mandate, and to reduce federal deficit spending, simply by not establishing a health insurance "exchange." To date, 34 states have refused to create Exchanges and some 16 states have announced they would not expand their Medicaid programs. Yet the Obama administration is trying to coerce states into implementing parts of the expansion that the Court rendered optional. This special White Paper provides a comprehensive review of the process now occurring between states and the Obama Administration, underscoring how a critical mass of states exercising their vetoes over Exchanges and the Medicaid expansion can force Congress to reconsider, and hopefully repeal, the rest of the PPACA.
Book Synopsis Selected CBO Publications Related to Health Care Legislation, 2009-2010 by :
Download or read book Selected CBO Publications Related to Health Care Legislation, 2009-2010 written by and published by . This book was released on 2010 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Ten Year War written by Jonathan Cohn and published by St. Martin's Press. This book was released on 2021-02-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jonathan Cohn's The Ten Year War is the definitive account of the battle over Obamacare, based on interviews with sources who were in the room, from one of the nation's foremost healthcare journalists. The Affordable Care Act, better known as “Obamacare,” was the most sweeping and consequential piece of legislation of the last half century. It has touched nearly every American in one way or another, for better or worse, and become the defining political fight of our time. In The Ten Year War, veteran journalist Jonathan Cohn offers the compelling, authoritative history of how the law came to be, why it looks like it does, and what it’s meant for average Americans. Drawn from hundreds of hours of interviews, plus private diaries, emails and memos, The Ten Year War takes readers to Capitol Hill and to town hall meetings, inside the West Wing and, eventually, into Trump Tower, as the nation's most powerful leaders try to reconcile pragmatism and idealism, self-interest and the public good, and ultimately two very different visions for what the country should look like. At the heart of the book is the decades-old argument over what’s wrong with American health care and how to fix it. But the battle over healthcare was always about more than policy. The Ten Year War offers a deeper examination of how our governing institutions, the media and the two parties have evolved, and the dysfunction those changes have left in their wake.
Book Synopsis The Hollow Core of Constitutional Theory by : Donald L. Drakeman
Download or read book The Hollow Core of Constitutional Theory written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2021-04-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Book Synopsis Fidelity & Constraint by : Lawrence Lessig
Download or read book Fidelity & Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Download or read book Supreme Disorder written by Ilya Shapiro and published by Simon and Schuster. This book was released on 2020-09-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Book Synopsis Constitutional Rights in Two Worlds by : Mark S. Kende
Download or read book Constitutional Rights in Two Worlds written by Mark S. Kende and published by Cambridge University Press. This book was released on 2009-03-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
