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Legislative Balancing through Intergovernmental Bargaining

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter Seven proposes a more modest modification to the anti-commandeering rule, requiring judicial deference to consensual state-federal legislative bargaining over federalism entitlements. ... More


Federalism, Liberty, and Risk in NFIB v. Sebelius

Aziz Z. Huq

in The Future of Healthcare Reform In the United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226254951
eISBN:
9780226255002
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226255002.003.0002
Subject:
Law, Medical Law

This chapter offers an account of how NFIB v. Sebelius fits into the constitutional tradition. The opinion rests on three central questions: (1) Is imposition of the individual mandate within ... More


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