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this came up in a discussion, and I'll admit i have no idea. the only immediate cases i am aware of when the Supreme Court has limited Congressional authority under the commerce clause are cases such as Lopez; when the activity regulated was held to be non-commercial in nature. obviously this is not the case with health insurance.
HOWEVER, there is also no precedent for regulating a lack of economic activity on the Federal level. For a while I thought Social Security - Americans forced to purchase old age insurance - but when that law went to the Court it was defended under the Congress' power to tax (just as the Mandate is).
Is there precedent for or against the mandate separate from Congress' ability to tax?
HOWEVER, there is also no precedent for regulating a lack of economic activity on the Federal level. For a while I thought Social Security - Americans forced to purchase old age insurance - but when that law went to the Court it was defended under the Congress' power to tax (just as the Mandate is).
Is there precedent for or against the mandate separate from Congress' ability to tax?