Commerce clause essay questions

Since American Indians are now taxed, they are counted for purposes of apportionment. The 17th Amendment provided for the direct popular election of Senators. The filling of vacancies was altered by the 17th amendment.

Commerce clause essay questions

Today we resolve constitutional challenges to two provisions of the Patient Protection and Affordable Care Act of We do not consider whether the Act embodies sound policies.

We ask only whether Congress has the power under the Constitution to enact the challenged provisions. In our federal system, the National Government possesses only limited powers; the States and the people retain the remainder.

In this case we must again determine whether the Constitution grants Congress powers it now asserts, but which many States and individuals believe it does not possess. These affirmative prohibitions come into play, however, only where the Government possesses authority to act in the first place.

If no enumerated power authorizes Congress to pass a certain law, that law may not be enacted, even if it would not violate any of the express prohibitions in the Bill of Rights or elsewhere in the Constitution.

Indeed, the Constitution did not initially include a Bill of Rights at least partly because the Framers felt the enu-meration of powers sufficed to restrain the Government. And when the Bill of Rights was ratified, it made express what the enumeration of powers necessarily implied: The Federal Government has expanded dramatically over the past two centuries, but it still must show that a constitutional grant of power authorizes each of its actions.

The same does not apply to the States, because the Con-stitution is not the source of their power. The Consti-tution may restrict state governments—as it does, for example, by forbidding them to deny any person the equal protection of the laws.

But where such prohibitions donot apply, state governments do not need constitutional au-thorization to act.

Commerce clause essay questions

Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power. United States, U. The independent power of the States also serves as a check on the power of the Federal Government: This case concerns two powers that the Constitution does grant the Federal Government, but which must be read carefully to avoid creating a general federal authority akin to the police power.

The power over activities that substantially affect interstate commerce can be expansive. Put simply, Congress may tax and spend. This grant gives the Federal Government considerable influence even in areas whereit cannot directly regulate.

The Federal Government may enact a tax on an activity that it cannot authorize, forbid, or otherwise control.

And in exercising its spending power, Congress may offer funds to the States, and may condition those offers on compliance with specified conditions. Florida Prepaid Postsecondary Ed.

These offers may well induce the States to adopt policies thatthe Federal Government itself could not impose.

Commerce clause essay questions

We have long read this provision to give Congress great latitude in exercising its powers: Members of this Court are vested with the authority to interpret the law; we possess neither the expertise northe prerogative to make policy judgments.

It is not our job to protect the people from the consequences of their political choices. Our deference in matters of policy cannot, however, become abdication in matters of law. Madison, 1 Cranch And there can be no question that it is the responsibility of this Court to enforce the limits on federal power by striking down acts of Congress that transgress those limits.

Madison, supra, at — The questions before us must be considered against the background of these basic principles. The Act aims to increase the number of Americans covered by health in-surance and decrease the cost of health care.

This case concerns constitutional challenges to two key provisions, commonly referred to as the individual mandate and the Medicaid expansion. The mandate does not apply to some individuals, such as prisoners and undocumented aliens. Many individuals will receive the required cov-erage through their employer, or from a government program such as Medicaid or Medicare.

But for individuals who are not exempt and do not receive health insurance through a third party, the means of satisfying the requirement is to purchase insurance from a private company.

The Other Civil War

Infor example, the penalty will be 2. The Act, however, bars the IRS from using several of its normal enforcement tools, such as criminal prosecutions and levies.

And some individuals who are subject to the mandate are nonetheless exempt from the penalty—for example, those with income below a certain threshold and members of Indian tribes.

Those plaintiffs—who are both respondents and petitioners here, depending on the issue—were subsequently joined by 13 more States, several individuals, and the National Fed-eration of Independent Business.In , Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care.

Constitutional Law Spring PROF. TREVOR MORRISON Legislative Federal – Executive State Commerce Clause* Taxing Power* Spending Power* 14th Amdt. §5* Executive Power War Power 1 Whose action is challenged? 2 What is the source of authority? 3 Is there an external Who Decides Constitutional Questions?

5 Judicial .

Article I - The United States Constitution

Clausewitz's personality has been treated in a great many different ways. To the British military historian Michael Howard he was a "soldier's soldier" who wrote a practical military philosophy aimed at . The 13th amendment abolished slavery and the 14th amendment provided that representation would be determined according to the whole number of persons in each state, not by the “three-fifths” of the slaves.

National Student Symposium March 15, The Federalist Society is excited to announce that the 38th National Student Symposium will be hosted by the Arizona State University chapter at the Sandra Day O'Connor College of Law in Phoenix, AZ.

CMA Exam Part 1 Study Plan. Take these steps to make your CMA Part 1 study plan: Identify the number of study hours you have available each week by evaluating your current weekly schedule.

Article One of the United States Constitution - Wikipedia