The Constitutionality of Obama Care
William Neidhardt, undergraduate student in Political Science (and former student of ours) has published an article in the Pi Sigma Alpha Undergraduate Journal of Politics arguing that Obama Care is constitutional.
The issue is fairly simple: if the Court abides by the intentions of the Founders, there is no way that Obama’s policy is constitutional.
However, since 1937 the Court has largely given up on limiting the power of Congress when Congress claims to be regulating commerce. (Two somewhat minor exceptions have been United States v. Lopez and United States v. Morrison.) Neidhardt does a fine job of citing chapter and verse of cases where the Court has done this.
So if the Court decides that Obamacare is unconstitutional, it will mark a clear change of direction.
The issue is fairly simple: if the Court abides by the intentions of the Founders, there is no way that Obama’s policy is constitutional.
However, since 1937 the Court has largely given up on limiting the power of Congress when Congress claims to be regulating commerce. (Two somewhat minor exceptions have been United States v. Lopez and United States v. Morrison.) Neidhardt does a fine job of citing chapter and verse of cases where the Court has done this.
So if the Court decides that Obamacare is unconstitutional, it will mark a clear change of direction.
Labels: Commerce Clause, Constitutionality, Obama Care, Supreme Court
posted by John McAdams at 11:28 AM
2 Comments:
The Supreme court has made clear that the constitution gives Congress the right to regulate commerce. The Supreme court has also made clear that insurance coverage is commerce. The issue of constitutionality regarding Obamacare is silly. Will Tony and Clarence play politics? Probably. The rest of the justices will not, and if they do, that will come under the category of disturbing. Let's try to spend this summer a little more productively, John.
The rest of the justices will not, and if they do, that will come under the category of disturbing.
Well, maybe liberals have a "disturbing" ruling coming. Heaven knows conservatives have gotten a lot of disturbing rulings.
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