As Cuccinelli and Getchell point out that, "The police power is the antithesis of limited, enumerated powers. Given the breadth of that power, it cannot be exercised by the federal government without overwhelming the limitations intended by the Constitution's scheme of enumerated powers" (2011, p. 293).
Conclusion
The argument can be made that the individual mandate provisions of the Patient Protection and Affordable Care Act are for the greater good by making individual consumers accountable for their own healthcare. Even though the purpose of the PPACA may be laudable, the research was consistent in showing that many constitutional scholars believe that the individual mandate oversteps the authority of the U.S. Congress under the Commerce Clause. Although the PPACA is currently the law of the
& Getchell, E.D. (2011, Spring). Why the debate over the constitutionality of the federal health care law is about much more than health care. Texas Review of Law & Politics, 15(2), 292-301.
Loyola, M. (2011, Fall). Trojan horse: Federal manipulation of state governments and the Supreme Court's emerging doctrine of federalism. Texas Review of Law & Politics, 16(1),
113-120.
May, J.R. (2013, Spring). Healthcare, environmental law, and the Supreme Court: An analysis
under the Commerce, Necessary and Proper, and Tax and Spending clauses.
Environmental Law, 43(2), 233-239.
Printz v. United States. (2013). Chicago-Kent College of Law. Retrieved from http://www.
oyez.org/cases/1990-1999/1996/1996_95_1478.
Read the law. (2013). U.S. Department of Health &…
President Thomas Jefferson offered Napoleon the emperor of France $2 million dollars for the region around the mouth of the Mississippi River, which included the port of and city of New Orleans. Ohio Valley farmers relied heavily on admittance to New Orleans, and President Thomas Jefferson wanted to guard these farmers, because they sent their crops down the Mississippi River to New Orleans, from which ships took the products
In this particular case the court found that the GFSZA contained "no jurisdictional element which would ensure, through a case by case inquiry, that the firearm possession in question affects interstate commerce." ("United States v. Lopez") in effect, the court said that the federal government can only pass laws involving activities that substantially affects interstate commerce and the possession of a gun in a school did not rise to
The 16th Amendment was the first to be passed in the 20th century. It allowed incomes to be taxed as a clear response to the Supreme Court decision in the Pollock v Farmers' Loan and Trust Company (Fonder and Shaffrey 2002). Congress previously passed an income tax law in 1894, which the Supreme Court found to be unconstitutional, not being divided among the states by population. Before the 16th Amendment,
Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a codification of the common law that had long recognized the doctrine that a defendant should not be subject to multiple attempts by the state to convict him for
S. Although this concern has remained, nowadays, the agenda of such agencies features a wider range of issues, especially the relationship between the American Jewish community and Israel, as well as that with other Jewish communities all over the world (Chanes: Advocacy Organizations). The Jewish Education Service of North America (JESNA) and the Coalition for the Advancement of Jewish Education (CAJE) are national bodies dealing with Jewish education (Ibid.: Educational
Planning Across Levels of Government: Federalism and the Planning for the Response to Emergencies This paper will be in the form of a governmental response plan to the natural disaster: Hurricane Katrina. Early morning, on the 29th of August, 2005, USA's Gulf Coast was hit by the Hurricane Katrina. When it reached land, it was identified as having "Category 3" intensity, on the Saffir-Simpson Hurricane Wind Scale, bringing continuous winds of speeds
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