Abstract

http://ssrn.com/abstract=1996571
 


 



How the Gun-Free School Zones Act Saved the Individual Mandate


Richard Primus


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

Abstract:     
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

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Date posted: February 1, 2012  

Suggested Citation

Primus, Richard, How the Gun-Free School Zones Act Saved the Individual Mandate (January 31, 2012). U of Michigan Public Law Working Paper No. 263. Available at SSRN: http://ssrn.com/abstract=1996571

Contact Information

Richard Primus (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
734-647-5543 (Phone)
734-764-8309 (Fax)
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