Opinions vary greatly on the new Patient Protection and Affordable Health Care Act, which is still in the forefront of public debate as provisions are phased in and challenges make their way through the courts. The major issue in most of the challenges is a requirement that everyone must purchase health insurance by 2014. Some say it violates the Commerce Clause of the Constitution or doesn't meet the Necessary and Proper Clause.
..., Congress exceeded its powers under the Necessary and Proper Clause, U. S. Const., Art. I, §8, cl. ...
LEESBURG, Va., Dec. 13, 2010 /PRNewswire-USNewswire/ -- Mark R. Levin, president of Landmark Legal Foundation, today issued the following statement about the ruling by Federal District Judge Henry E. Hudson, in a lawsuit brought by the Attorney General of the Commonwealth of Virginia challenging the Patient Protection and Affordable Care Act ("Obamacare"). In granting the Commonwealth's Motion for Summary Judgment, Judge Hudson declared that the requirement under Obamacare that private citizens purchase private health insurance coverage or face a substantial monetary penalty was unconstitutional. Today Judge Hudson ruled against the Obama Administration on three essential points involving Obamacare: 1. Individuals who do not actively participate in commerce -- that is, who do not volun...
The US Congress's attempt to restore the compelling interest test for neutral government action that substantially burdens religious freedom by enacting the Religious Freedom Restoration Act has been criticized as unconstitutional, but international human rights treaties might have provided authority for the statute. The Act has been questioned as an unconstitutional encroachment on the Supreme Court's religious freedom jurisprudence. Congress should have implemented the legislation under the International Covenant on Civil and Political Rights and the Necessary and Proper Clause.
Interestingly enough, it was a creative definition of the "necessary and proper" clause-made infamous in the 1812 McCulloch v. Maryland ruling-that first enabled government to assume powers far beyond those originally enumerated by its founding documents. After the Civil War came the Interstate Commerce Act, the Sherman Anti-Trust Act and "stream of commerce" doctrine, all of which radically enhanced the federal government's authority at the expense of the states. We have tried spending money. We are spending more than we have ever spent before and it does not work," said Henry Morganthau. "I say after eight years of this Administration we have just as much unemployment as when we started ...and an enormous debt to boot!
... exercise of Congress's power under the Necessary and Proper Clause, those challenging the Act have ...
As solicitor general, U.S. Supreme Court nominee Elena Kagan argued for the same misguided outcome -- and the same dubious constitutional reasoning behind that outcome -- that the United States v. Comstock majority announced this month. Just as she urged, that majority further -- and wrongly -- overstretched the Constitution's "necessary and proper" clause to uphold indefinite "civil commitment" of mentally ill federal sex offenders who've completed their sentences.
..., rather than any aspect of Congress’s proper domain of interstate commerce—and that no other ...)(2)(B), does not run afoul of the Commerce Clause, United States v. . Whaley, 577 F.3d 254, 258 (5th...The Necessary and Proper Clause of the Constitution gives Congre...
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