A Potemkin Village: The Supreme Court's Health Care Decision & Faux Federalism

Title

A Potemkin Village: The Supreme Court's Health Care Decision & Faux Federalism

Authors

David B. Rivkin

Files

Description

David B. Rivkin Jr., Constitution Day Address Lecturer, Attorney and Constitutional Commentator, analyzes the recent Supreme Court decision upholding the Affordable Care Act, in particular Chief Justice John Robert’s pivotal opinion, and explores the decision’s long-term political and policy implications, especially the Court’s apparent willingness to enforce structural federalism-based limitations on congressional powers only if the policy stakes are relatively low, thereby encouraging a system of faux-federalism.

Publication Date

10-8-2012

Keywords

federalism, Supreme Court, Constitution, Affordable Care Act, congressional powers, health care policy

Disciplines

Constitutional Law | Health Law and Policy | Supreme Court of the United States

A Potemkin Village: The Supreme Court's Health Care Decision & Faux Federalism
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