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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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.
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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But it has, under the Commerce Clause, deferred to Congress's authority in matters of national economic importance.
In my humble view, however, the individual mandate oversteps the bounds of regulation contemplated by the Commerce Clause.
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.
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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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.
There is also what I would see as a simple solution to this problem: the Commerce Clause of the Constitution.
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If parents are buying and selling children and transporting them across state lines to do it, maybe the Commerce Clause applies?
Thus, using the powers under the Commerce Clause, Congress should simply state that all occupational licensing is transferable across State lines.
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Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do.
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Roberts firmly rejected the idea that the Commerce Clause gives Congress authority to force citizens to engage in economic behavior, he says.
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Rehnquist, did finally strike down another law as violating the Commerce Clause.
Further, we do need to note that the Feds, under the Commerce Clause, claim jurisdiction over near all commerce in the country.
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Whether the Commerce Clause regulates inaction, Sutton said, is besides the point.
Advocates of limited government, it is said, have lost the battle of health care, but won the war of the commerce clause.
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