Since the New Deal of the 1930s, the Supreme Court had only twice found Congress exceeded its commerce authority, and never for a program designed to expand the social safety net.
Obama seems to have been trying to make the accurate observation that since the '30s the court has not struck down a federal law that applies to economic activity on the ground that it exceeds Congress's Commerce Clause authority.
Roberts firmly rejected the idea that the Commerce Clause gives Congress authority to force citizens to engage in economic behavior, he says.
FORBES: In Losing On Obamacare, Barnett Says, Conservatives Won
The Department of Commerce does not have the authority to stop an acquisition.
As we all know due to the number of times we are not charged sales tax for items ordered online or via catalogs, Congress has not exercised its authority under the commerce clause to change the Quill result.
FORBES: After Twenty Years Congress Still Has Not Acted On Sales Tax
Bryan said that case, decided after the Amish were indicted, shows a willingness by the nation's highest court to narrow Congress' authority over interstate commerce, and could guide the 6th Circuit in its consideration of the Amish group's appeal.
Only Congress, which under the U.S. Constitution has sole authority to regulate interstate commerce, can do that.
The answer is that in passing the act, Congress was relying partly on its authority to regulate interstate commerce.
Judges on the lower federal courts who passed judgment on the Affordable Care Act, as well as both the challengers and defenders of the law in the Justice Department, focused their arguments on Congress' authority to regulate interstate commerce.
But it has, under the Commerce Clause, deferred to Congress's authority in matters of national economic importance.
Fortunately, Congress returned the satellite licensing authority to the State Department from the Commerce Department.
Roberts argued then that "all bets are off" when it comes to federal government authority if Congress was found to have the authority to regulate health care in the name of commerce.
CNN: Emotions high after Supreme Court upholds health care law
In defending the constitutionality of the Act, the federal government relies upon the Commerce Clause of the Constitution as the enumerated power supposedly delegating authority to the federal government for this regulatory compulsion.
FORBES: ObamaCare and the Constitution Are Contradictory: One Must Fall
Chief Justice John Roberts argued that "all bets are off" when it comes to federal government authority if Congress was found to have the authority to regulate health care in the name of commerce.
CNN: Supreme Court decision on polarizing health care law looms
He said most people understood that the president was speaking narrowly about Commerce Clause cases and not broadly challenging the Supreme Court's authority.
For instance, the Commerce Department will have, for all intents and purposes, sole authority over which technologies are subjected to tech transfer restrictions.
Enacted by President Lyndon Johnson, the combined legislation asserted federal authority to regulate the firearms industry and private owners using interstate commerce powers.
Ryan McKee, senior director of the U.S. Chamber of Commerce's Center for Capital Markets, says the chamber is concerned about overlapping authority with other regulators, no matter which agency houses the consumer protection agency.
On Thursday, however, Chief Justice Roberts drew a firm limit on the commerce power, writing that if accepted as the basis of the individual insurance mandate, federal authority would be virtually unlimited.
应用推荐