NFIB Sebelius Dissent

17 Oct

SCALIA, KENNEDY, THOMAS, and ALITO, JJ., dissenting   SUPREME COURT OF THE UNITED STATES _________________ Nos. 11–393, 11–398 and 11–400   _________________ NATIONAL FEDERATION OF INDEPENDENT   BUSINESS, ET AL ., PETITIONERS 11–393 v.   KATHLEEN SEBELIUS, SECRETARY OF HEALTH … Read More »

Commerce Clause

28 Mar




The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

[Clause 3] To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

The most recent review of Congress’ Commerce Clause power is in the 2012 U.S. Supreme Cort opinion National Federation of Independent Business v. Sebelius, also known as the Affordable Care Act or “Obamacare” case. Links to the major components of this nearly 200-page Supreme Court opinion appear at the end of this article. But first, a brief history of the Commerce Clause.