The legal challenge to the Affordable Care Act, and the Supreme Court's decision to uphold the law, is quite possibly the most momentous Supreme Court case on the issue of federal power in our era. Yet, despite the Court's ruling, the issue of health care reform is still an incredibly divisive issue. Andrew Koppelman, a leading constitutional scholar and an expert on the issue, thinks that the constitutional arguments against it are spurious. The Tough Luck Constitution and the Assault on Health Care Reform is an authoritative account of the issue-one that not only carries great implications…mehr
The legal challenge to the Affordable Care Act, and the Supreme Court's decision to uphold the law, is quite possibly the most momentous Supreme Court case on the issue of federal power in our era. Yet, despite the Court's ruling, the issue of health care reform is still an incredibly divisive issue. Andrew Koppelman, a leading constitutional scholar and an expert on the issue, thinks that the constitutional arguments against it are spurious. The Tough Luck Constitution and the Assault on Health Care Reform is an authoritative account of the issue-one that not only carries great implications for the upcoming presidential election, but which also serves as a definitive analysis for years to come.
John Paul Stevens Professor of Law, Northwestern University, and author of Defending American Religious Neutrality (Harvard UP) and A Right to Discriminate? (Yale UP)
Inhaltsangabe
Contents Introduction Chapter One: The Road to the Mandate Origins of health insurance After Medicare and Medicaid Obama Chapter Two: Appropriate Constitutional Limits The enumerated powers Necessary and Proper The unhappy story of judicially crafted limits A Constitution of subsidiarity Why the mandate is constitutional Chapter Three: Bad News for Mail Robbers The invention of the constitutional objection Barnett's libertarianism The path to the Supreme Court The Broccoli Horrible From court to Court Chapter Four: What the Court Did The mandate Medicaid Severability Explaining John Roberts Chapter Five: Where It Hurts So what happens to the Medicaid expansion? Your tough luck Acknowledgements
Contents Introduction Chapter One: The Road to the Mandate Origins of health insurance After Medicare and Medicaid Obama Chapter Two: Appropriate Constitutional Limits The enumerated powers Necessary and Proper The unhappy story of judicially crafted limits A Constitution of subsidiarity Why the mandate is constitutional Chapter Three: Bad News for Mail Robbers The invention of the constitutional objection Barnett's libertarianism The path to the Supreme Court The Broccoli Horrible From court to Court Chapter Four: What the Court Did The mandate Medicaid Severability Explaining John Roberts Chapter Five: Where It Hurts So what happens to the Medicaid expansion? Your tough luck Acknowledgements
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