'Our Own Limited Role in Policing These Boundaries': Taking Small Steps on Health Care

Journal of Health Politics, Policy, and Law, Forthcoming

14 Pages Posted: 22 Sep 2012

See all articles by Keith E. Whittington

Keith E. Whittington

Princeton University - Department of Political Science

Date Written: September 21, 2012

Abstract

The Affordable Care Act (ACA) invoked political firestorm and raised intriguing new questions of constitutional law. Cutting a path between the liberals and conservatives on the U.S. Supreme Court, Chief Justice John Roberts made small adjustments in established constitutional law to uphold key features of the act. In doing so, he not only upheld the statute, but also left the landscape of constitutional law much as he had found it. He did, however, suggest that the federal courts should take a more active role in monitoring how Congress uses its constitutional powers and should not shy away from making specific determinations of whether Congress had abused its power in particular cases.

Keywords: Affordable Care Act, ACA, Roberts Court, Sebelius, commerce clause, taxation clause, healthcare

Suggested Citation

Whittington, Keith E., 'Our Own Limited Role in Policing These Boundaries': Taking Small Steps on Health Care (September 21, 2012). Journal of Health Politics, Policy, and Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2150366

Keith E. Whittington (Contact Author)

Princeton University - Department of Political Science ( email )

Corwin Hall
Princeton, NJ 08544-1012
United States
609-258-3453 (Phone)
609-258-1110 (Fax)

HOME PAGE: http://www.princeton.edu/~kewhitt/

Register to save articles to
your library

Register

Paper statistics

Downloads
30
Abstract Views
232
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information