Short, comprehensive summary of Obamacare decisionSubmitted by BmoreBrawler on Wed, 07/11/2012 - 23:04
The following contribution to our post-decision symposium on the health care cases is written by David B. Kopel, adjunct professor of constitutional law, Denver University. Author of the Independence Institute amicus brief on state sovereignty and the Medicaid mandate.
I may be a law professor by vocation, but the bar review is in my blood. My parents, Jerry and Dolores Kopel, founded and for over a quarter-century directed the Colorado Bar Refresher (now part of the BAR/BRI empire). So let’s take a look at the concrete legal rules that have emerged from NFIB v. Sebelius, as they might be presented in a bar review outline, or perhaps in a little more depth in a student study aid for Constitutional Law I.
I. The power to regulate commerce among the several states
Article I, § 8: “The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
NFIB does not question existing doctrine about the power of Congress to regulate actual commerce. . . .