How the Gun-Free School Zones Act Saved the Individual Mandate
University of Michigan Law School
January 31, 2012
U of Michigan Public Law Working Paper No. 263
Michigan Law Review First Impressions, Vol. 11, p. 44, February 2012
The PPACA's individual mandate would be considerably more vulnerable to commerce-clause attack if United States v. Lopez had never been decided. To be sure, Lopez stands for the proposition that the commerce power is limited. But both as a matter of common-law process and as a matter of constitutional discourse, Lopez has helped create the conditions under which this particular exercise of the commerce power is easy to validate as constitutional.
Number of Pages in PDF File: 9
Keywords: PPACA, Individual mandate, commerce clause, commerce power, United States v. Lopez, federalism
JEL Classification: K20
Date posted: February 1, 2012
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