The Constitutional Challenge to Obamacare

Author: Josh Blackman

Publisher: Hachette UK


Category: Law

Page: 352

View: 732

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.

The Affordable Care Act Decision

Philosophical and Legal Implications

Author: Fritz Allhoff

Publisher: Routledge


Category: Philosophy

Page: 346

View: 770

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.


Obamacare, Religious Liberty, and Executive Power

Author: Josh Blackman

Publisher: Cambridge University Press


Category: Law

Page: 250

View: 136

Unraveled provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'.

The Oxford Handbook of the U.S. Constitution

Author: Mark Tushnet

Publisher: Oxford University Press


Category: Law

Page: 992

View: 761

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Harvard Law Review: Volume 129, Number 4 - February 2016

Author: Harvard Law Review

Publisher: Quid Pro Books


Category: Law

Page: 306

View: 1000

The February 2016 issue, Number 4, features these contents: • Article, "Constitutional Bad Faith," by David E. Pozen • Book Review, "No Immunity: Race, Class, and Civil Liberties in Times of Health Crisis," by Michele Goodwin & Erwin Chemerinsky • Book Review, "How Much Does Speech Matter?," by Leslie Kendrick • Note, "State Bans on Debtors' Prisons and Criminal Justice Debt" • Note, "Digital Duplications and the Fourth Amendment" • Note, "Reconciling State Sovereign Immunity with the Fourteenth Amendment" • Note, "Suspended Justice: The Case Against 28 U.S.C. § 2255's Statute of Limitations" In addition, student commentary analyzes Recent Cases on the exclusionary rule in knock-and-announce violations; FTC regulation of data security; voting rights, disparate impact, and the Texas voter ID law; and fair labor, 'primary beneficiary,' and unpaid interns. The issue includes analysis of Recent Regulations on Dodd-Frank and mandatory pay disclosure; and on Clean Air Act regulation of carbon emissions from existing power plants. Also included are a Recent Event comment on the killing of a non-university-affiliate by campus police and a Recent Book comment on Richard McAdams' 2015 book The Expressive Powers of Law. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the fourth issue of academic year 2015-2016.

Unconstitutionality of Obama's Executive Actions on Immigration

Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Fourteenth Congress, First Session, February 25, 2015

Author: United States. Congress. House. Committee on the Judiciary



Category: Abuse of administrative power

Page: 198

View: 266

Anti Obama Book

The Straight Facts As To Why Obama Sucks

Author: David Nordmark

Publisher: David Nordmark


Category: Political Science

Page: 246

View: 942

The Book That Exposes The Facts About Obama's Record In "The Anti Obama Book - The Straight Facts As To Why Obama Sucks", David Nordmark (author of "Understanding American Exceptionalism: What it is, how it came to be, and why it's fading) exposes Obama's sad record of ineptitude and failure. From the beginning he has been a media creation that the press has falsely presented as a wise, post-partisan leader. The reality is that he attained the highest office in the land with no executive experience and no record of accomplishment. What's worse is that he is a far left ideologue who only understands the American experience through the prism of trickle down government. He doesn't understand that what made America great was the freedom its citizens enjoyed, not the power exercised by Washington. To Ronald Reagan, America was a people who had a government. To Barack Obama, America is a government that has a people. In this way Obama does not understand the true nature of the country he nominally governs and it is this faulty mental makeup that has led him to a series of policy disasters in such areas as the economy and foreign affairs. "The Anti Obama Book" is a record of these disasters, including: Cash for Clunkers Being Radically Pro-Abortion Eric Holder Gun Control Treating Britain Poorly The Keystone Pipeline Reneging on the Missile Shield The Auto Bailout Failed Energy Policies Gutting Welfare Reform Religious Freedom Solyndra and "Green Jobs" Undermining the Supreme Court Not Supporting The Iranian Green Revolution Fast and Furious Gutting The Military Not Leading On Afghanistan The Benghazi Scandal Undermining Israel Losing Iraq The Stimulus Program Obamacare Exploding The Debt The mainstream media, which for the most part shares his outlook, have done all they can to protect him, even going so far as to bury stories such as the Benghazi tragedy and cover-up. If you want to get the full overview of the failures that Obama and the mainstream press would rather have you forget, this is the book for you.

A Conspiracy Against Obamacare

The Volokh Conspiracy and the Health Care Case

Author: R. Barnett

Publisher: Springer


Category: Political Science

Page: 294

View: 125

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 Corruption Chronicles

Obama's Big Secrecy, Big Corruption, and Big Government

Author: Tom Fitton

Publisher: Simon and Schuster


Category: Political Science

Page: 400

View: 176

WASHINGTON’S MOST CORRUPT: PRESIDENT BARACK OBAMA FLOUTING OF FEDERAL LAW * CORRUPTION * VIOLATING CAMPAIGN FINANCE REGULATIONS * TERRORIST TIES * VOTER REGISTRATION FRAUD * GOVERNMENT CON GAMES * EXTORTION BECAUSE NO ONE IS ABOVE THE LAW! In 2008, Barack Obama made a promise to have the “most transparent administration” of any U.S. president; it was the very cornerstone of his campaign. No secrets. No masks. No smoke and mirrors. No excuses. But over the next four years, President Obama’s administration would prove to be one of the most guarded and duplicitous of our time. Tom Fitton of Judicial Watch, America’s largest nonpartisan government watchdog (challenging George W. Bush as well as Bill Clinton), has been investigating Obama ever since he splashed onto the national scene in 2006. Now Fitton exposes devastating secrets the Obama administration has desperately fought—even in court—to keep from the American public. For a while, the Obama stonewall seemed to be holding. Until now. And the revelations are astonishing. Judicial Watch has unearthed the truth behind such high-profile issues as the bailouts, Obamacare, Guantanamo, Obama’s true ties to Bill Ayers and to the Black Panthers voting intimidation scandal, and the Constitution-defying government czars. He reveals Obama’s personal war against FOX News, his real link to ACORN, and his radical Chicago connections. Through scores of smoking-gun government files, some replicated here and many unearthed after lengthy court battles, Fitton also discloses the facts of the Obama-backed $535-million loan guarantee to Solyndra, promoted by the president as a model for economic recovery—only months before its disastrous bankruptcy filing. Here too is the truth behind the gunrunning scandal, code-named Fast and Furious, which was a program generated in secrecy by the U.S. government that supplied thousands of firearms to murderous criminals in Mexico—an unconscionable act, and only one in a series of historical lows for an administration that few, if any, major media in this country dare to expose. This book details how the Obama machine is aggressively employing Chicago-style tactics to steal, if necessary, the 2012 elections. And how Judicial Watch is prepared to go to court with historic lawsuits to make sure the elections are fair and honest. Why do Obama supporters turn a blind eye to his astoundingly unethical and abusive approach to governing this country? The Corruption Chronicles boldly, honestly, and factually makes the case that the federal government is now off the rails and out of control, and has literally built its foundation on broken promises, fatal miscalculations, and a cynical manipulation of its trusting public. But it’s not over. Tom Fitton and Judicial Watch are proof that the Tea Party approach to government corruption can make a difference. A grassroots group can take on the president, the Congress, and the judiciary, and finally force the government to be held accountable. The uncontestable facts are here, in The Corruption Chronicles. To see what is true, you only have to look. THE FULLY DOCUMENTED FACTS BEHIND: • The Solyndra Debacle • Obama’s Watergate: Operation Fast and Furious • The Obama Administration’s $20 Billion Government Extortion Scheme • The Unprecedented Threat to the Integrity of the 2012 Elections • The Czar Investigation Stonewall • The Undermining of Our Nation’s Immigration Laws • 9/11 Secrets