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At this event, Supreme Court Justice Antonin Scalia will give opening remarks, and Leon R. Kass (Madden-Jewett Chair, AEI), Jeremy A. Rabkin (Professor, George Mason University School of Law), and Christopher Demuth (D.C. Searle Senior Fellow, AEI) will provide further insight into the work of Walter Berns.
Justice Antonin Scalia on the use of foreign law in American judicial opinions.
Join the Federalist Society and AEI for a panel discussion of John Yoo and Julian Ku's new book, where Martin Flaherty of the Fordham University School of Law and Jeremy Rabkin of the George Mason University School of Law will join the authors in a discussion of their proposals and whether they are faithful to our Constitution, our history and our international law obligations.
There remains a long line of unfortunate and flawed Supreme Court precedents regarding the broad scope of the powers granted to Congress under both the Commerce Clause and the Necessary and Proper Clause.
Rather than await the decision on the Affordable Care Act, President Obama decided to attack preemptively with error-filled claims about the place of judicial review in our constitutional system. Judicial review springs from the duty of a court, when deciding a case before it, to enforce the Constitution over a conflicting act of Congress.
Congress has never before passed and the Supreme Court has never upheld a law requiring individuals to buy a commercial product, as Obamacare does. On this the Obama Democrats, not Clarence Thomas and judges following his lead, are the ones sweeping aside precedent.









