Early in his majority decision, Roberts quoted Alexander Hamilton, “the Constitution is itself in every rational sense and to every useful purpose A Bill of Rights” (National Federation of Independent Business v. Sebelius, Roberts 3). This as Roberts argued, is because the enumerated powers protect citizens because it limits the functioning of the government to specific functions. Roberts rejects the reasoning that the individual mandate falls under the scope of what is necessary and proper in fulfilling the government’s aims, even if it is necessary to fulfill the government’s aims. This was due to past precedents in United States v. Comstock and McCulloch v. Maryland, which found that these clauses pertain to those policy decisions that are incidental and not a significant expansion of powers beyond what is enumerated. More ...
... middle of paper ...
...of Congress to regulate by the simple reason that he will one day engage in commerce, the ideas of a limited government is at an end” (National Federation, Scalia 12). Past precedents have found a limit to Congress’ power under the Commerce Clause, to rule in favor of the mandate under the Commerce Clause in this case, would be an unprecedented expansion of federal power. This would further remove limits previously established by precedent granting the federal government power to create commerce. As both Scalia and Roberts made the case, this power to mandate economic activity is not enumerated under the Commerce Clause. However, Ginsburg points out that in the past the government has mandated engagement in commerce. With that being said, each of these mandates was done under other enumerated powers and not under the Commerce Clause (National Federation, Roberts 18).
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- The Supreme Court’s opinion in National Federation of Independent Business v. Sebelius could have been an expansion of the powers of the federal government under the Commerce Clause. Instead, Roberts sought to redefine the penalty as a tax, so to avoid defining it as a power under Congress power to regulate interstate commerce. Although I agree with Roberts reasoning so as not to uphold the law under the Commerce Clause, I also find the redefining of the individual mandate as problematic. However, I believe the issue of Severability has become of great importance when one considers the implementation of the ACA has shown that by making the Medicare expansion optional it has impaired the inte... [tags: United States Constitution]
1375 words (3.9 pages)
- In illustrating that there is a direct link between public opinion and Supreme Court decision an explanation as to why this phenomenon occurs can be found. There are two main schools of thought as to why this occurs. The first was explained by Dahl (1957) which claims that public opinion affects the Court indirectly through political appointments. As previously stated, the Court responds to national economic or political alliances, which dominate the national narrative. Justices respond to this national narrative and the national narrative responds to public opinion.... [tags: Supreme Court of the United States]
1043 words (3 pages)
- Public opinion surrounding homosexuality has been an extremely controversial and dividing issue in America since the early 20th century. In the 1950s up until the current decade a section of the population viewed homosexuality as sinful and therefore, should not legally be practiced. Homosexuals in the 1950s through 2000 were portrayed as sexual deviants and pedophiles that prey upon innocent women and children. However, the public opinion has changed. Today the majority of Americans view homosexuality as normal and accept it as a part of everyday culture.... [tags: Homosexuality, Same-sex marriage]
1446 words (4.1 pages)
- More and more people have grown disillusioned with the Supreme Court in the last thirty years than ever before. We have seen more of a shift from decisions aimed at bettering the lives of the people, to politically driven decisions with only the elite, profiting. This fact highlights the court’s need to gradually move toward a modern and evolutionary interpretations of the Constitution, rather than trying to render “new world” decisions, from an “old world” perspective. In simpler words, the nine residents of One, First Street need to embrace the idea of a Living Constitution.... [tags: Supreme Court of the United States]
1242 words (3.5 pages)
- With the recent death in the Supreme Court, the debate of what type of nominee, conservative or liberal, will take the place of conservative Scalia is being carefully watched by everyone. If we evaluate each of the current justices and how they tend to vote on cases, we can see a scatter of between strict originalist conservatives and active liberals on both end of the spectrum. Yet when they caste their votes, do they keep to their original side when first nominated or shift what they believe is right when voting after years on the Court.... [tags: Supreme Court of the United States, Roe v. Wade]
1044 words (3 pages)
- On June 26th, 2015, the Supreme Court of the United States announced its judgment that the Fourteenth Amendment to the U.S. Constitution bars states from not recognizing same-sex marriages. The decision, doubtless among the most influential in United States history, launched many Americans into a coast-to-coast revelry as the nation finished penning its newest chapter in a long-running civil rights narrative. But the decision also had a secondary effect; it ignited an academic passion within me that has not yet subsided.... [tags: Supreme Court of the United States, Law, Academia]
863 words (2.5 pages)
- In a 5-4 outcome, the Supreme Court legalized gay marriage, forcing all states to adopt their views as their decision became a law of the land. Thirteen states were deprived of their rights to determine their own marriage policy, rights that are protected by the Tenth Amendment in the Constitution. Arguments arise over what decisions should be reserved to the states, and when is it necessary for the Supreme Court to step in and make the decisions. There is often major controversy over the powers of the Supreme Court and whether they overstep their boundaries.... [tags: Supreme Court of the United States]
1085 words (3.1 pages)
- The history of The relationship that exists between the U.S Supreme Court and the advancement of Gay Rights has been precarious, to say the least. The Supreme Courts ruling in favour of homosexuals in the 1958 case of One,Inc v Oleson was monumental for the advancement of the gay rights movement. However, the 5-4 majority decision in Bowers v. Hardwick in 1986, which decided that consenting adults did not have a right to engage in homosexual acts in private, set the movement the back. Romer v. Evans in 1996 got things back on track when the courts struck down 6-3 Colorado 's Amendment 2, which denied gays and lesbians protection against discrimination.... [tags: Supreme Court of the United States]
1381 words (3.9 pages)
- (1) On May 17th, 1954, the Supreme Court made a decision that would mark a defining moment in the history of the United States. This decision declared “separate but equal” unconstitutional. It was ultimately unanimous, and occurred after a long, sought out campaign to convince all nine justices to overturn the “separate but equal” doctrine that had been sanctioned in the infamous 1896 Plessy v. Ferguson case. The legal path paved in various aspects of racial discrimination in public life has been the equal protection clause of the Fourteenth Amendment.... [tags: supreme court, separate but equal]
975 words (2.8 pages)
- The Supreme Court *Purpose of the Supreme Court* The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. The Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve very important questions about the Constitution or federal law. Appealing the state courts decision, you can ask it to be taken to the Supreme Court. To get their higher opinion.... [tags: Supreme Court Justice Constitution Judicial]
1220 words (3.5 pages)