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

U of Michigan Public Law Working Paper No. 263

Michigan Law Review First Impressions, Vol. 11, p. 44, February 2012

9 Pages Posted: 1 Feb 2012  

Richard Primus

University of Michigan Law School

Date Written: January 31, 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.

Keywords: PPACA, Individual mandate, commerce clause, commerce power, United States v. Lopez, federalism

JEL Classification: K20

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: https://ssrn.com/abstract=1996571

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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