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 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. Before coming to AEI, Professor Greve cofounded and, from 1989 to 2000, directed the Center for Individual Rights, a public interest law firm. He holds a Ph.D. and M.A. in government from Cornell University, and completed his undergraduate studies at the University of Hamburg. Currently, Professor Greve also chairs the board of the Competitive Enterprise Institute and is a frequent contributor to the Liberty Law Blog. Professor Greve has written extensively on many aspects of the American legal system. His publications include numerous law review articles and books, including most recently The Upside-Down Constitution (Harvard University Press, 2012). He has also written The Demise of Environmentalism in American Law (1996); Real Federalism: Why It Matters, How It Could Happen (1999); and Harm-less Lawsuits? What's Wrong With Consumer Class Actions (2005). He is the coeditor, with Richard A. Epstein, of Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (2004) and Federal Preemption: States' Powers, National Interests (2007); and, with Michael Zoeller, of Citizenship in America and Europe: Beyond the Nation-State? (2009).

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