I may include this in future syllabi:



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Oh that judicial activism...!Actually, as Virginia AG Ken Cuccinelli points out in his e-letter "Cuccinelli Compass" today, upholding Obamacare would effectively overrule Marbury: it would require such extreme deference to congressional judgment as to what "commerce" is, what "substantially affects" it, etc., that the Court could no longer assert with a straight face that it exercises independent