Constitution Daily

Smart conversation from the National Constitution Center

The Court, the Constitution and the 2012 campaign: Act III

April 23, 2012 By Lyle Denniston

In the final round of hearings in a Supreme Court term that has seemed closely linked to the 2012 election campaign, the Supreme Court turns its attention this week to the emotional subject of immigration controls.

Constitution Check: Is the “Roberts Court” driven by politics?

April 5, 2012 By Lyle Denniston

James Madison’s concept of the separation of powers of the national government has always been thought to be a stroke of genius because it guaranteed a good deal of independence of the three major branches so that they could check each other, to prevent tyranny.

The Constitution This Week: Health care, health care, health care

March 30, 2012 By Holly Munson

This week-in-review feature typically covers a variety of constitutional topics in the news. But this week, constitutional coverage was dominated by one topic: health care.

Is the health care mandate on life support?

March 28, 2012 By Lyle Denniston

The centerpiece of the new federal health care law, and its most controversial part – the individual insurance mandate – looked to be doomed after the first hour of the Supreme Court’s hearing on it Tuesday.

The Court tees up the health mandate

March 27, 2012 By Lyle Denniston

Amid sure signs that the Supreme Court Justices are deeply interested in the constitutionality of the new health care law’s key sections, and definite signs that they have been studying up for the task, they moved on Monday to get beyond the preliminaries and get set for Tuesday’s crucial two-hour hearing.

The Constitution This Week: Health care, SXSW, and plea bargains

March 23, 2012 By Holly Munson

Here’s a brief look at the top constitutional news stories and commentaries from this week.

Health care hearings – what to listen for (Part 2)

March 22, 2012 By Lyle Denniston

Few exercises in interpreting the Constitution are as bizarre as the one that the Supreme Court and lower courts go through if they strike down only a part of a multi-faceted law, and then decide what of the remainder can survive.

Health care hearings – what to listen for (Part 1 of 2)

March 20, 2012 By Lyle Denniston

For both lawyers, most of the questions coming from the bench probably will be about Congress’s powers under the Commerce Clause, though some will explore the Necessary and Proper Clause, and at least a few questions may focus on the mandate as a form of tax.

Obamacare premise is just wrong

March 19, 2012 By Ilya Shapiro

Setting aside the important distinction between health care and health insurance, this argument simply lacks the legal force its proponents want it to have.

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