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.
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.
Author: R. Barnett,J. Adler,D. Bernstein,O. Kerr,D. Kopel,I. Somin
Category: Political Science
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.
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.
Grace-Marie Turner,James C. Capretta,Thomas P. Miller,Robert E. Moffit
How the New Health Care Law Drives Up Costs, Puts Government in Charge of Your Decisions, and Threatens Your Constitutional Rights
Author: Grace-Marie Turner,James C. Capretta,Thomas P. Miller,Robert E. Moffit
Publisher: Harper Collins
Category: Political Science
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: 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.
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 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.
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.
This book introduces you to the key issues in contemporary studies on Terrorism. Its interdisciplinary approach provides a unique intellectual rigour which introduces readers to cutting-edge research. Bringing together chapters contributed by members of the Terrorism and Political Violence Association network, it offers an insight into a variety of traditional and critical perspectives. It also equips Undergraduate and Postgraduate students with the study skills needed to succeed in coursework and assignments, especially dissertation work. Drawing on the expertise of TAPVA members, this book: Explores contemporary issues, such as drone warfare, state violence, children and political violence, cyber-terrorism and de-radicalisation. Features case studies drawn from a range of international examples, lists of further reading, key concepts and questions for use in seminars and private study. Provides you with study skills content designed to help you complete your dissertation. This is the perfect textbook to guide you through your studies in terrorism, political violence, international security and strategic studies.
The Patient Protection and Affordable Care Act (ACA) was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage, and reduce the costs of healthcare overall. Along with sweeping change came sweeping criticisms and issues. This book explores the pros and cons of the Affordable Care Act, and explains who benefits from the ACA. Readers will learn how the economy is affected by the ACA, and the impact of the ACA rollout.
Nathaniel Persily,Gillian E. Metzger,Trevor W. Morrison
Author: Nathaniel Persily,Gillian E. Metzger,Trevor W. Morrison
Publisher: Oxford University Press on Demand
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.
A Study of the Political Theory of American Public Administration
Author: Dwight Waldo
Category: Political Science
This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.
The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law
Author: David E. Bernstein
Publisher: Encounter Books
InLawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law. Lawless documents how President Barack Obama has presided over one constitutional debacle after another--Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more. Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. "We can’t wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution’s checks and balances. President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, "The buck stops here.” When confronted with allegations that his administration’s actions are illegal, Obama responds, "So sue me.” Lawless shows how President Obama has betrayed not only the Constitution but also his own stated principles. In the process, he has done serious and potentially permanent damage to our constitutional system. As America swings into election season, it will have to grapple with finding a president who can repair Obama’s lawless legacy.
AMERICA , THIS IS YOU R ROAD MAP TO THE FUTURE—A RETURN TO THE GUIDIN G PRINCI PLES OF OU R FOUNDIN G FATHERS . . . The United States is at a crossroads. Our national debt is rising, our social programs are unsustainable, and our government is expanding at an alarming rate. As American citizens, we have a choice. We can continue on our current path of policies that threaten our freedoms, our families, and our finances—or we can join the powerful new resurgence of the age-old principles that are the foundation of the U.S. Constitution. This book is a wake-up call. Written by acclaimed conservative leaders Ken Blackwell and Ken Klukowski, it is a back-to-basics action plan inspired by the original words and beliefs of our nation’s forefathers. Using the U.S. Constitution, the authors guide us through our current political minefield, showing how both Democrats and Republicans have led our country astray. They reveal startling connections between the crash of the economy, the collapse of the family, and the rise of big government. They lay out a policy agenda of constitutional fixes for our greatest national problems, from retirement, to education, to social issues, to taxes. Finally, they offer Republicans a step-by-step plan for rebuilding the GOP from the ground up, for winning both Congress and the White House, and for changing directions on the road to our future. The time is now, America. The resurgence is under way; we should let nothing stop us. More than two centuries ago, our forefathers gave us the dream and the directions—spelled out in black and white. Now more than ever, we need to embrace those principles and get our country back on track.
How Democrats Can Build a Lasting Majority in American Politics
Author: David Faris
Publisher: Melville House
Category: Political Science
The American electoral system is clearly failing more horrifically in the 2016 presidential election than ever before. In It's Time to Fight Dirty, David Faris expands on his popular series for 'The Week' to offer party leaders and supporters concrete strategies for lasting political reform - and in doing so lays the groundwork for a more progressive future. With equal parts playful irreverence and persuasive reasoning, It's Time to Fight Dirty is essential reading as we head toward the 2018 midterms... and beyond.
Protecting the Religious Freedom of Faith-Based Organizations
Author: Stephen V. Monsma,Stanley W. Carlson-Thies
Publisher: Brazos Press
What do Hobby Lobby, InterVarsity Christian Fellowship, Wheaton College, World Vision, the Little Sisters of the Poor, and the University of Notre Dame have in common? All are faith-based organizations that have faced pressure to act in ways contrary to their religious beliefs. In this book, two policy experts show how faith-based groups--those active in the educational, healthcare, international aid and development, and social service fields--can defend their ability to follow their religiously based beliefs without having to jettison the very faith and faith-based practices that led them to provide services to those in need. They present a pluralist vision for religious freedom for faith-based organizations of all religious traditions. The book includes case studies that document the challenges faith-based organizations face to freely follow the practices of their religious traditions and analyzes these threats as originating in a common, yet erroneous, set of assumptions and attitudes prevalent in American society. The book also includes responses by diverse voices--an Orthodox Jew, a Roman Catholic, two evangelicals, two Islamic leaders, and an unbeliever who is a religious-freedom advocate--underscoring the importance of religious freedom for faith-based organizations.
As President Obama's time in the White House draws to a close, this celebratory book documents his transformative accomplishments. Evidence indicates President Barack Obama has been tremendously successful and effective by objective measures. On economic indicators alone, he is credited with the longest streak of job growth in U.S. history, a two-thirds reduction in the federal budget deficit, and the rebounding of the stock market to record highs following the record lows of the recession under his predecessor. His victories have come against a backdrop of criticism and sometimes open defiance from conservatives, lack of cooperation in Congress, and racially tinged commentary in traditional and social media. Through it all, the President who campaigned on a slogan of 'Yes, We Can!' has persevered in his determination to make a difference and left an indelible mark on American politics and the world. LEGACY is a commemoration of his eight years in the White House.
The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.