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Unprecedented

Author: Josh Blackman
Publisher: PublicAffairs
ISBN: 1610393295
Size: 51.78 MB
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Foreword by Randy E. Barnett In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5–4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama’s “legacy”—his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey—including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama’s “unprecedented” law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.

Unprecedented

Author: Josh Blackman
Publisher: Hachette UK
ISBN: 1610393295
Size: 10.85 MB
Format: PDF, Docs
View: 1698
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Foreword by Randy E. Barnett In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5–4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's “legacy”—his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey—including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's “unprecedented” law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.

Unraveled

Author: Josh Blackman
Publisher: Cambridge University Press
ISBN: 1107169011
Size: 64.30 MB
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Unraveled provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'.

A Conspiracy Against Obamacare

Author: R. Barnett
Publisher: Springer
ISBN: 1137363738
Size: 16.65 MB
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The Affordable Care Act debate was one of the most important and most public examinations of the Constitution in our history. At the forefront of that debate were the bloggers of the Volokh Conspiracy who, from before the law was even passed, engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the case.

The Tough Luck Constitution And The Assault On Health Care Reform

Author: Andrew Koppelman
Publisher: Oxford University Press
ISBN: 0199970041
Size: 70.87 MB
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Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.

Why Obamacare Is Wrong For America

Author: Grace-Marie Turner
Publisher: Harper Collins
ISBN: 0062076027
Size: 18.57 MB
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Why ObamaCare is Wrong for America is the first in-depth examination of the impact of the new national health care law on American individuals, families, and businesses. Written by an esteemed quartet of experts and former health policy officials, Why ObamaCare is Wrong for America demystifies the convoluted plan that the Obama administration and a Democratic Congress pushed through, exploring its effect on real people. Eye-opening and important, it is a book that everyone in America should read—providing essential information on what’s in the new Health Care Law, how it will affect YOU, and what you can do about it.

Constitutional Law

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892889
Size: 70.82 MB
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Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.

The Last Line Of Defense

Author: Ken Cuccinelli
Publisher: Crown Forum
ISBN: 0770437109
Size: 50.75 MB
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Virginia Attorney General Ken Cuccinelli leads the historic fight against the unprecedented overreach of the federal government. With Obamacare and agencies like the EPA, the FCC, and the National Labor Relations Board attempting to exercise unprecedented control over the American people, the Obama Administration was breaking federal laws, ignoring federal courts, and violating the Constitution to achieve its goals of redistributing wealth, concentrating power in Washington, and rewarding its supporters. Without enough lawmakers in Washington devoted to protecting the rule of law to stop the federal government's liberty-stealing power grab, the battle had to be waged in an unprecedented way: from the states -- just as our Founding Fathers intended. The man who led the charge was Ken Cuccinelli, the first state attorney general to argue in federal court against Obamacare, an unapologetic defender of the Constitution, and a man admirers and detractors alike said "was tea party long before there was a Tea Party." The Last Line of Defense provides a behind-the-scenes account of the myriad of legal battles in which our states were the only instruments of resistance to federal abuses of power. It is a must-read for every patriot.

The Truth About Obamacare

Author: Sally Pipes
Publisher: Regnery Publishing
ISBN: 1596986360
Size: 65.64 MB
Format: PDF
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Describes what the new health care bill will mean for average consumers, discussing how it will make health care more expensive, limit options, worsen the standards of medical care, and damage the American economy.

Restoring The Lost Constitution

Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 140084813X
Size: 27.34 MB
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.