The Independence Institute has filed amicus briefs in two of the anti-Obamacare cases. The briefs focus specifically on the Necessary and Proper Clause (I-8-18), which the Obama administration inaccurately claims justifies federal control of health care.
The briefs survey the original meaning of the Necessary and Proper Clause, based on my research and that of three other scholars, published by Cambridge University Press last year in our book, The Origins of the Necessary and Proper Clause.
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