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“Under God” and Health Care

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. Hmm, Schecter, one of my all-time favorites – just another example of our federal government working for the little guy.

    You write:
    “On the other hand, the Court’s precedents on the Commerce Clause, the Direct Tax Clause, and the Tenth Amendment are strongly supportive of the validity of this statute.”

    If the Court is as moronic as the one in Filburn, then, yes, anything can pass constitutional muster. If the Court shows the return to common sense that they did in Lopez, then I’m more hopeful.

    And the 10th Amendment should be a killer but that would require a reading of it. Maybe Justice Scalia will lead the way again a la Printz.

    I, of course, consider it a poor application of constitutional principles when government officials seek loopholes in the rules so as to assert even more control over our lives…yes, yes – even if it is for our own good.