Wednesday, June 20, 2012

Barnett’s Feudal Libertarianism

Andrew Koppelman

As we await the Supreme Court’s decision on the constitutional challenge to the Affordable Care Act’s health insurance mandate – it will almost certainly come down on Monday, the last day of the term – it is worth reflecting on the underlying philosophy that has taken us to this point.

The challenge is most remarkable for its sense of priorities.  Constraining government power, through newly crafted rules that were unheard-of when the law was passed, matters more than millions of people without health insurance.

     Why would it make sense to think about government power that way?  The philosophical work of Randy Barnett, who essentially invented the constitutional objection, provides a valuable window into the assumptions behind the challenge.  

You can read the rest of this post on, here.

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