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The Pesofication of America

Now available in print: Michael S. Greve, “Our Federalism Is Not Europe’s. It’s Becoming Argentina’s,” 7 Duke Journal of Constitutional Law & Public Policy 17 (2012). Alternative title: “We will pay our debts—in pesos.”

Among the more salient points and predictions: bailouts of lower-level governments in the U.S. won’t take the form of rescues of individual states (this isn’t Europe). Rather, they will take the form of across-the-board—and in that minimalist sense programmatic and rule-like—financial assistance, probably under some already existing statutory framework. A bailout of teacher pension funds under No Child Left Behind is an option, as is the federal assumption of state health care obligations for employees and retirees under the not-so-Affordable Care Act. Some such scheme will be coming soon to a theater near you, regardless of the November election outcome.

The Journal volume contains several other informative essays on state debt and bankruptcy.

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Obamacare: The States’ Rights and Wrongs

Briefs have been trickling into the U.S. Supreme Court in the Obamacare cases. Soon, they’ll come flooding: briefing on the Affordable Care Act’s individual mandate is starting today. It’s important to recognize that the constitutional arguments in the cases don’t always mesh easily with conservative-libertarian opposition to Obamacare’s policy—or for that matter, with their concerns over the state and trajectory of American federalism. Continue reading to learn more.