I am yet again behinder on blogging than I’d like to be on account of yesterday’s trip to New York City, for a Manhattan Institute event and discussion on the above-captioned topic with Nicholas Quinn Rosenkranz, Adam Freedman, yours truly, and the one and only Richard Epstein. MI’s James Copland moderated a fun-filled debate. If you go to the tape (link no longer available), you’ll learn (somewhere in the Q&A session) why we should go back to a Constitution we’ve never had. Or something of the sort.
On a serious note: the event is an early sign of what I believe will become a very serious conservative-libertarian re-examination of basic ideas about ConLaw and jurisprudence. Whatever else NFIB v. Sebelius may or may not have done, it’s had at least that salutary (if unintended) result.