Abstract

Consider the following examples of political activity: Immediately upon the recent passage of health care reform legislation by the United States House of Representatives, announcements were made by attorneys general in several states that they would be challenging the constitutionality of the law in court. South Carolina Attorney General Henry McMaster thus contended that the "health care legislation Congress passed tonight is an assault against the Constitution. A legal challenge by the states appears to be the only hope of protecting the American people from this unprecedented attack on our system of government." While the specifics of the proposed lawsuits varied, they were united in their goal of overturning the new law via court decision. In so doing, they were advancing a particular line of argument against that bill to the public—an argument that appealed to the alleged conflict between the legislation and the United States Constitution