The heart of the case is the Commerce clause.
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Recognizing the vulnerability of relying on the Commerce Clause alone, the Obama administration in the Florida case shifted its emphasis to the Necessary and Proper Clause of the Constitution.
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Again, individual clinics make this decision, although the government has indicated there is probably "not a case" for keeping the clause.
In that case, the court held that the Commerce Clause permitted the government to legislate the mandate and stopped the pending case dead in its tracks.
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The case before the court involved a buyback clause that could be enacted if the Malkins plan gets above the 80% threshold.
All of this would be impossible to prevent because if a California resident, for example, sued that Texas company in a California court, the Texas company remove the case to its home state citing the clause in the contract indicating all disputes were to be settle according to Texas law in a Texas court.
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And that's a case that involves the limits of the takings clause in the Constitution.
In a future case, we ought to temper our Commerce Clause jurisprudence.
The price of YPF bonds briefly rose with the announcement of the oil firm's nationalisation in April by Argentina's government, because of a clause demanding advanced payment in the case of an expropriation, before falling back as investors worried Argentina wouldn't much care.
The case was settled in April 2003 with a confidentiality clause.
The reports also said Silver sought a confidentiality clause to keep the women from revealing the case, even as more women were making accusations against Lopez.
In that landmark 1964 civil rights case, the Court ruled that Congress could use its Commerce Clause power to bar discrimination by private businesses such as hotels and restaurants.
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This being the case, what are the advantages and disadvantages of the individual mandate clause for graduate students?
But for you and me this case is not a theoretical exercise about federal taxing powers or the expansive use of the commerce clause.
During the Sixth Circuit arguments, Judge Jeffrey Sutton, who was nominated by President George W. Bush, asked Kaytal if he could name one Supreme Court case which considered the same question as the one posed by the mandate, in which Congress used the Commerce Clause of the U.S. Constitution as a tool to compel action.
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