Obamacare constitutes a fundamental assault on limited constitutional government. The question isn’t exactly whether it’s unconstitutional, but whether the Supreme Court can get it right given the state of the doctrines it has fashioned to accommodate liberalism in the modern era. Liberalism has done its best to abrogate the limits on limited government, and its best is probably good enough. Obamacare calls us to return to first principles. Thank you, ladies and gentlemen of the Tea Party.
This week’s installment of Uncommon Knowledge convenes two distinguished scholars of constitutional law to discuss the issues. Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and the Laurence A. Tisch Professor of Law, New York University Law School, and John Yoo, professor at the University of California at Berkeley law school, examine the merits of various constitutional arguments for the Supreme Court’s striking down Obamacare (as well as various other issues before the Court this term). Through our arrangement with the Hoover Institution, we are pleased to present this installment in its entirety. Please check it out.
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