Federalism & Separation of Powers
Executive Committee Contact Information
Practice Group Newsletters 1996-2000
Subcommittees
- Congressional-Executive Powers
- Federalism
- Role of the Courts
- Scholarship and Academic Affairs
Recent Publications
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A Return to "the Heady Days"? The Supreme Court Addresses Whether the Bivens Doctrine Should Extend to Employees of Government Contractors in Minneci v. Pollard |
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Meet the New Boss: Continuity in Presidential War Powers - Event Audio/Video |
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The Impact of Judicial Activism on the Moral Character of Citizens |
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One thing often mentioned about the Federalist Society is that it’s for judicial restraint. I’m not sure that’s the official policy of the Federalist Society, but in any event, these terms like “restraint,” “activism,” “minimalism,” “neutrality”—you certainly don’t want judges to have political bias—what do they mean? Quite often, “activist” is synonymous with any decision the speaker doesn’t like, and “restraint” means the judge is being wise and “I agreed with that decision” (coincidentally)... |
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The Constitutionality of the Patient Protection and Affordable Care Act |
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The topic of the discussion between Professor Jesse Choper and myself is the Commerce Clause and how it relates to the constitutionality of ObamaCare, or, more dispassionately, the Patient Protection and Affordable Care Act. I approach this topic with much ambivalence. As a matter of first principle, I do not have much faith in all the individual mandate arguments that have been raised with great effectiveness and imagination by Professor Randy Barnett of Georgetown University Law Center. Randy is one of the few people who can mesmerize you with his low-key approach. What he says in measured tones may seem at first to be outrageous, only to become more persuasive to audiences as he continues to talk... |
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