Daniel Larison has a scathing and absolutely delightful piece on Situational Constitutionalists, that is a "must read." A small sample,
Often enough, when people use the word unconstitutional they really mean that something is inconvenient, unwelcome, annoying or otherwise objectionable.
Go read the whole thing; it is very much worth your time.
After saying once more that I share in the sense of achievement and pleasure that passage of "health care reform" brings, I have no illusion about it being any kind of stand against lobbyists or victory over corporate interests. Glenn Greenwald continues on that theme in his post today.
As does Lawrence Lessig in the post referenced by Greenwald. Interestingly, while Lessig is not blinded to the role of special interests, he does seem to have a rather "rose colored glasses" view of the legislation itself, since he begins (emphasis mine),
President Obama will savor, and rightly so, his extraordinary achievement in enacting fundamental health care reform. He has done something few thought possible, and he may well have revived the enormous faith that his election gave millions.
Wow. I just cannot see this legislation as "health care reform" in any degree, and even as health insurance reform it is a long way from being "fundamental." I hope that this legislation restores the "enormous faith,"
but I can't say that it's really restored mine.
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