Abstract

For liberal Democrats and their allies, this is the winter of their discontent—and foreboding. The most right-wing Congress elected since the 1920s has embarked on a mission to weaken or repeal federal programs that benefit neither its corporate funders nor its Tea Party base. A majority of justices on the Roberts court may ease that task by striking down the Affordable Care Act and several other laws they regard, clairvoyantly, as betrayals of the sacred wishes of James Madison, Alexander Hamilton, and the other periwigged designers of the Constitution.

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