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30 Aug 2011, 6:24 am by John Mikhail
The latter provision is also clearly anticipated in Madison’s March 19 letter to Thomas Jefferson, in which he proposes “to arm the federal head with a negative in all cases whatsoever on the local Legislatures” (9 PJM 318). [read post]
9 Aug 2011, 12:45 pm by Elizabeth Wydra
Court of Appeals for the Sixth Circuit – echoed this concept when he voted to uphold Congress’s power to enact the health care reform law, including the minimum coverage provision, in Thomas More Law Center v. [read post]
5 Aug 2011, 11:38 am by Steven Schwinn - Guest
  The Sixth Circuit recently recognized this in its ruling upholding the ACA against novel Commerce Clause and Tenth Amendment challenges in Thomas More Law Center v. [read post]
1 Aug 2011, 1:24 pm by Kiera Flynn
  In addition to our series on Arizona v. [read post]
5 Jul 2011, 5:41 am by Bill Merkel
Dicey (legislative omnipotence), Thomas Jefferson (departmentalism and active popular sovereignty that does not go dormant in non-Ackermanian moments), James Madison (a system of checks and balances reduced to a short code), or John Marshall (judicial supremacy based on an instrument that did not say a word about judicial supremacy when he wrote Marbury and continued silent on that point when his successors affixed each of their signatures to Aaron v. [read post]
24 Jun 2011, 3:47 pm by Stephen Wermiel
  In terms of potential impact, the case of Sorrell v. [read post]
23 Jun 2011, 11:46 am by Kali Borkoski
Justice Thomas had the third opinion of the day, in PLIVA Inc. v. [read post]