Such surprises frequently compel the federal government to give urgent attention to its constitutional mandate to "provide for the common defense, " often at the expense of fiscal discipline and other priorities.
In order to ensure a long-lasting bull market, Congress needs to fulfill its constitutional mandate requiring it to issue a stable dollar, rather than trying to legislate us toward rising share prices.
This year the holiday comes on a week where 20 state attorneys general argued before a federal judge in Florida that the federal government has no constitutional authority to mandate every American have health insurance.
The states claim the individual mandate exceeds its constitutional powers, and that the entire law must be stricken if the court strikes down the mandate.
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The U.S. Supreme Court ruled last week that the mandate is constitutional under Congress' taxing power.
Instead it reflects my view as to whether the individual mandate is constitutional under the Commerce Clause.
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The federal government argues the individual mandate is constitutional under the Commerce Clause, which allows Congress to regulate interstate commerce.
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Second, though, I am really confused how financial penalties on states can be read as an effective mandate, and therefore un-Constitutional, but financial penalties on individuals do not constitute an effective mandate (if they did, this very ruling says that such a mandate would be illegal).
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During her Supreme Court confirmation hearings, now-Justice Elena Kagan was asked Senator Tom Coburn (R-OK) if a broccoli mandate would be constitutional.
Davis specifically rejected the employer mandate along conventional constitutional grounds, finding that even employers who operate within a single state can be subjected to federal regulations, much as civil-rights laws apply even to local diners and motels.
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He said he would refuse to enforce any federal mandate he felt violated constitutional rights.
Therefore, in the rare and narrow circumstances presented in the healthcare industry an individual mandate should be deemed constitutional as a way to control price, and increase access to healthcare.
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Such measures would generally be void following the Supreme Court's decision in June that the individual mandate was valid under Congress's constitutional authority to levy taxes.
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Chief Justice Roberts used every legal trick at his disposal to assemble a majority to find the individual mandate at the heart of the Affordable Care Act is constitutional.
In answering that question we must, if "fairly possible, " construe the provision to be a tax rather than a mandate-with-penalty, since that would render it constitutional rather than unconstitutional (ut res magis valeat quam pereat).
And then separately on a domestic issue, health care, a lot of chatter -- I know you addressed this last week -- on Capitol Hill about the constitutionality of an individual mandate, with conservatives like Orrin Hatch I think complaining it's not constitutional.
Roberts' reasoning for either upholding or striking down the mandate may not command a majority, meaning at least five justices agree on the outcome but not the constitutional basis on which the decision sits.
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