Tuesday, December 14, 2010

Does the Constitution Protect the Smallpox Virus?

That is a question that Northwestern University Constitutional Law Professor Andrew Koppelman asks in criticizing Judge Henry Hudson's very poorly reasoned decision to overturn the individual mandate provision of the Affordable Care Act in a decision that Koppelman notes not only implicitly overturns McCulloch v. Maryland, a famous Marshall court decision that is nearly 200 years old, but also reads the Necessary and Proper clause out of the Constitution.

And Alexander Hamilton said in the Federalist Papers that the judiciary was the least dangerous branch....

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