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The timing of Professor Michael Klarman’s The Framers’ Coup is fortuitous. Under a never-used constitutional provision, twenty-eight states have asked for a convention to write a balanced budget amendment.

In National Federation of Independent Business v Sebelius (“NFIB”), the Supreme Court maintained both its jurisdiction over the case and the constitutionality of the Affordable Care Act (ACA) by threading the needle between the Anti-Injunction Act (AIA) and Congress’s taxing power under the Constitution.

Given myriad business practices and conditions, establishing certain antitrust harms requires context.