A blow to republican plans to federalize medical malpractice lawDetails
One of the clearest messages from the American Founding was that the Constitution left regulation of private land within state boundaries to the exclusive prerogative of the states. This was an area completely outside the sphere of the federal government.Details
Rob Natelson on how to uncover the original legal force of the ConstitutionDetails
the Founders expected the courts to void laws they found unconstitutional.Details
It’s a stunning betrayal of all those hardworking, pro-Constitution Americans who gave U.S. House Republicans their majority.
Republicans controlling the House Rules Committee have added sweeping new mandates on the states to a bill repealing part of Obamacare. The result is revised H.R. 5.
Just on good government grounds, those two very different items do not belong in one bill. But what is particularly thuggish is how it forces conscientious members of Congress to violate their solemn oath to uphold the Constitution. If you vote “aye,” you get the unconstitutional mandates. If you vote “no,” then you vote to retain an unconstitutional part of Obamacare.
It’s really true.
THE FIRST PART of revised H.R. 5 is a resurrected zombie that was the original H.R. 5. Although promoted as “medical malpractice reform,” the measure is actually a big step toward federal control of state court systems. Essentially, it’s a lengthy set of mandates telling state and federal judges how to run their own courts whenever they deal with any health-care-related personal injury cases. I’ve written on this subject before, so only a short take is necessary here.Details