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Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter examines whether the Necessary and Proper Clause of the Constitution precludes or invites the exercise of judicial review of a federal law to see if it lies within the powers of Congress ... More


“Necessary,” “Proper,” and Health Care Reform

Andrew Koppelman

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0008
Subject:
Law, Constitutional and Administrative Law

The Necessary and Proper Clause was always a major obstacle to the constitutional case against the ACA’s individual mandate. Under settled law at the time that the ACA was enacted, the mandate was ... More


Restoring the Lost Constitution: The Presumption of Liberty

Randy E. Barnett

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.001.0001
Subject:
Law, Constitutional and Administrative Law

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially ... More


Why Care What the Constitution Says?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ... More


Appropriate Constitutional Limits

Andrew Koppelman

in The Tough Luck Constitution and the Assault on Healthcare Reform

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199970025
eISBN:
9780190260187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199970025.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the appropriate constitutional limits on congressional power over the so-called individual mandate of the Patient Protection and Affordable Care Act of 2010 (ACA), which ... More


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