Tag: Commerce
Is the Court Engaging in Activism if It Strikes Down ObamaCare?

The President is issuing warnings that any adverse judicial action on the Patient Protection and Affordable Healthcare Act will amount to activism. Here is a snippet of his comments as appearing in USA Today: “I’d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench was judicial...
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Commerce, Economic Activity, Obamacare, and the Anti-Federalists

Recently, I have written a couple of short op-eds (see here and here) arguing that commerce, to the Framers and ratifiers of the Constitution, did not mean economic activity, gainful activity, etc. It means trade–among the states or with foreign nations, or with Indians. The purpose of the interstate Commerce Clause, which should guide interpretation, is creation of...
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