Constitutional Law After Obamacare

I am yet again behinder on blogging than I’d like to be on account of yesterday’s trip to New York City, for a Manhattan Institute event and discussion on the above-captioned topic with Nicholas Quinn Rosenkranz, Adam Freedman, yours truly, and the one and only Richard Epstein. MI’s James Copland moderated a fun-filled debate. If you go to the tape, you’ll learn (somewhere in the Q&A session) why we should go back to a Constitution we’ve never had. Or something of the sort.

On a serious note: the event is an early sign of what I believe will become a very serious conservative-libertarian re-examination of basic ideas about ConLaw and jurisprudence. Whatever else NFIB v. Sebelius may or may not have done, it’s had at least that salutary (if unintended) result.

Michael S. Greve

Michael S. Greve is a professor at George Mason University School of Law. From 2000 to August, 2012, Professor Greve was the John G. Searle Scholar at the American Enterprise Institute, where he remains a visiting scholar. His most recent book is The Upside-Down Constitution (Harvard University Press, 2012).

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