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
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