Quiz 12-7 Health Care Question

Front 1

NFIB v Sebelius

Back 1

1 The plaintiffs argued that: (1) the individual mandate exceeded Congress' enumerated powers under the Commerce Clause; (2) the Medicaid expansions were unconstitutionally coercive; and (3) the employer mandate impermissibly interfered with state sovereignty.

2 penalty is a tax for the purposes of the Constitution's Taxing and Spending Clause and is a valid exercise of Congressional authority. The payment is not so severe as to be coercive, is not limited to willful violations like fines for unlawful acts, and is collected by the Internal Revenue Service by normal means.

3 Medicaid expansion provisions was unconstitutionally coercive as written. Congress does not have authority under the Spending Clause to threaten the states with complete loss of Federal funding of Medicaid, if the states refuse to comply with the expansion.

Front 2

Necessary and Proper Clause

Front 3

Commerce Clause

Back 3

"Power to lay and collect taxes"

Front 4

Commerce Power

Back 4

Authorizes Congress to regulate commerceaffecting more than one state

Front 5

McCulloch v Maryland

Back 5

1 The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.

2 State action may not impede valid constitutional exercises of power by the Federal government.

Front 6

US v Comstock

Back 6

1 Reaffirmed McCulloch v Maryland

2 Held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody.

Front 7

Hodges v US

Back 7

1 Limited the power of Congress to make laws under the Thirteenth Amendment.

2 Three White men had been convicted in the Eastern Arkansas District Court for conspiring against Black sawmill workers.

3 The statute used to convict the men prohibits conspiracy to deprive American citizens of their Constitutional liberties, including the right to make contracts.

4 The Supreme Court overturned the conviction, holding that that Congress did not have the right to intervene against racially motivated interference with labor contracts.

Front 8

Plessy v Ferguson

Back 8

Upheld the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal"

Front 9

US v Cruikshank

Back 9

1 Federal charges were brought against several members of the white insurgents under the Enforcement Act of 1870, which prohibited two or more people from conspiring to deprive anyone of their constitutional rights.

2 Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment applies only to state action, not to actions by individual citizens

Front 10

Lochner v US

Back 10

"liberty of contract" was implicit in the Due Process Clause of the Fourteenth Amendment.

Front 11

Hammer v Dagenhart

Back 11

1 The Court held regulation of child labor in purely internal (to a single state) manufacturing, the products of which may never enter interstate commerce, to be beyond the power of Congress

2 Products are harmless

Front 12

Wickard v Filburn

Back 12

1 dramatically increased the power of the federal government to regulate the economy

2 The Court decided that Filburn's wheat growing activities reduced the amount of wheat he would buy for animal feed on the open market, which is traded nationally (interstate), and is therefore within the purview of the Commerce Clause

3 cumulative actions of thousands of other farmers just like Filburn would certainly become substantial

Front 13

US v Lopez

Back 13

1 First time Congress exceeded power since 1937

2 set limits to Congress's power under the Commerce Clause of the United States Constitution

3 the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, especially when there was no evidence that carrying them affected the economy on a massive scale.

Front 14

Gonzales v Raich

Back 14

1 Ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes.

2 Controlled Substances Act (21 U.S.C. 801)

3 part of such a "class of activities": the national marijuana market. Local use affected supply and demand in the national marijuana market, making the regulation of intrastate use "essential" to regulating the drug's national marke

Front 15

United States v Morrison

Back 15

1 Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution

2 provides a federal civil remedy for the victims of gender-motivated violence.

3 did not regulate an activity that substantially affected interstate commerce nor did it redress harm caused by the state.

Front 16

Anti Injunction Act

Back 16

1 The Anti-Injunction Act is a United States federal statute that prohibits any federal court from issuing an injunction against proceedings in any state court, except within three specifically defined exceptions. The Act was enacted on March 2, 1793 as Section 5 of the Judiciary Act of 1793, to alleviate states' fears of federal power.

2 Nobody can sue to challenge the collection of a tax before the tax is actually collected; instead, you have to pay the tax, and then sue for a refund.

3 the mandate is not a “tax” within the meaning of the AIA

4 Congress did not intend that the payment for non-compliance with the Individual Mandate be a tax for purposes of the Anti-Injunction Act.