Politicians routinely test constitutional limits but hadn t previously ascertained the Commerce Clause s precise frontier.
Your question is whether or not there are any limits on the Commerce Clause.
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This elegant Commerce Clause argument generates, however, several odd implications about both federalism and individual rights.
Washington also refuses to apply the Constitution's interstate commerce clause to the production of gasoline.
The Commerce Clause was written for interstate transactions, not the perverted interpretation made by the Democrats.
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To borrow the language of the commerce clause debate, the federal government can now tax inactivity.
Recently, a California tax break was struck down as a violation of the Dormant Interstate Commerce Clause.
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Much of what gets the federal government mixing it up in our lives is the Commerce clause.
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Instead it reflects my view as to whether the individual mandate is constitutional under the Commerce Clause.
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The government has argued that Congress had the power to institute the mandate under the commerce clause.
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As Woods interprets it, the interstate commerce clause establishes the United States as a free trade zone.
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But it has, under the Commerce Clause, deferred to Congress's authority in matters of national economic importance.
And, if passed, the law will likely be crushed under the weight of the Dormant Interstate Commerce Clause.
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In my humble view, however, the individual mandate oversteps the bounds of regulation contemplated by the Commerce Clause.
Further claims could be based on the dormant commerce clause, Substantive Due Process, or the Equal Protection Clause.
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So yes, it was a deft move to uphold the healthcare law while avoiding the Commerce Clause quagmire.
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The Department of Justice defended the rule saying that it does, via the Commerce Clause of the Constitution.
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First, I will disagree with most commenters there is no support for the commerce clause in this decision.
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There are four important modern decisions about the limits of the Commerce Clause.
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State attorney generals along with their courts may strike down this mandate as unconstitutional based on the commerce clause.
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The individual inactivity argument does not just apply to the Commerce Clause claim.
The Court majority rejected the mandate as an exercise of Commerce Clause power.
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Carvin flips the argument about the bad old days of the commerce clause.
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The Eleventh Circuit discussed four cases that either limited or did not limit Congressional power under the commerce clause.
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The federal government argues the individual mandate is constitutional under the Commerce Clause, which allows Congress to regulate interstate commerce.
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The Commerce Clause was written to make sure that states within the U.S. did not protect nascent industries through tariffs.
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The chief justice, after rejecting the administration's Commerce clause argument, turned to the more general power of Congress to tax.
Clearly not the problem set out by the legislative language in an attempt to relate it to the commerce clause.
The commerce clause of the Constitution gives Congress the right to prevent states and municipalities from imposing multiple, discriminatory taxes.
Instead of being a defect, the idea of almost unlimited Commerce Clause powers is a fact of the modern world.
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