Some thoughts on affirmative federalism

January 23, 2012 | By DAMIEN SCHIFF

Professor Randy Barnett has an interesting post analyzing the two main ideological camps in the Obamacare litigation.  He contends that how one comes out on the constitutionality of the Act can be determined based on one’s view of the Supreme Court’s decisions in Lopez and Morrison.  For Barnett, those who would uphold Obamacare int ...