obamacare and the original meaning of the commerce clause ...

Article I of the Constitution authorizes Congress “to regulate. Commerce among the several States.” The Supreme Court has long.

Obamacare and the Original Meaning of the Commerce Clause

Recently, Akhil Amar and Jack Balkin revived the idea that the exercise of unbridled Commerce Clause power is consistent with its original ...

ObamaCare vs. The Commerce Clause - Hoover Institution

As everyone knows, the dispute over the individual mandate under the Patient Protection and Affordable Care Act (also known as ObamaCare) is ...

Obamacare, the Constitution, and the Original Meaning of the ...

Several lawsuits over the health-care reform's individual mandate hinge on interpretations of the constitution's Commerce Clause. This clause is widely ...

The Obamacare Ruling: What Does It All Mean? - Cato Institute

On June 28, the Supreme Court ruled that the individual mandate component of the Patient Protection and Affordable Care Act is constitutional under Congress's ...

[PDF] Obamacare and the Original Meaning of the Commerce ...

Recently, Akhil Amar and Jack Balkin revived the idea that the exercise of unbridled Commerce Clause power is consistent with its original meaning.

Interpretation: The Commerce Clause | Constitution Center

Most recently, in the health care case of NFIB v. Sebelius, in 2012, a majority of the justices found that a mandate to compel a person to engage in the ...

How Obamacare Will Be Settled: A Primer on the Commerce Clause

In the 1930s, the Court accepted the definition and began developing and refining the principles for assessing Commerce Clause legislation.

ObamaCare and the original meaning of the Commerce Clause ...

Download Citation | ObamaCare and the original meaning of the Commerce Clause: Identifying historical limits on Congress's powers | Article 1 of the ...

Health Reform and the Constitutionality of the Individual Mandate

The constitutional question is whether there is a substantial effect on interstate commerce. Activity, for Commerce Clause purposes, has never been defined in ...

The Original “Market” Understanding of the Commerce Clause

Pushaw, Jr., Obamacare and the Original Meaning of the Commerce. Clause: Identifying Historical Limits on Congress's Powers, 2012 ILL. L. REV ...

The Constitutionality of the Affordable Care Act: An Update

States that challenged the ACA argued that the individual mandate was an overreach of Congress's commerce clause powers, the government's well-recognized ...

The Supreme Court Ruling on the Affordable Care Act—A Bullet ...

Today's decision says that the interstate commerce clause is not necessary to sustain the Affordable Care Act. ... Act III, like the first ...

The Commerce Clause, American Democracy, and the Affordable ...

The original meaning of the congressional power to regulate commerce “among the several states” should be sought in the narrower dimension ...

Commerce Clause | Wex | US Law | LII / Legal Information Institute

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the US Constitution, which gives Congress the power to regulate commerce with foreign nations.

Commerce Among the States | Georgetown Center for the Constitution

Arguing that the Affordable Care Act's individual mandate, as a regulation of inactivity rather than activity, was not a permissible exercise of Commerce Clause ...

William J. Watkins, Jr.: Obamacare, the Constitution, and the Original ...

Watkins, Jr.: Obamacare, the Constitution, and the Original Meaning of the Commerce Clause. [William J. Watkins, Jr. is a research fellow at The Independent ...

Constitutional Analysis of the Patient Protection Affordable Care Act ...

Jones & Laughlin Steel and Wickard ushered in an era of Commerce. Clause jurisprudence that greatly expanded the previously defined authority of Congress under ...

Interpretation: Necessary and Proper Clause | Constitution Center

Sebelius (2012), a constitutional challenge to “Obamacare,” the federal health care law, the Court sharply divided over whether a law could ever fail to be “ ...

National Federation of Independent Business v. Sebelius (2012)

In the dissent joined by Justices Scalia, Kennedy, Thomas, and Alito, the Court would hold that Congress does not possess power under the Commerce Clause, ...