The Commerce Clause is found in Article I Section 8, of the United States Constitution and was the original grant of power to Congress by the people to regulate interstate commerce. The clause is short and simply states “Congress shall have the power to regulate Commerce with foreign Nations, and among several States, and with the Indian tribes” (The U.S. Constitution, 1788). Though the language seems clear in its meaning, in the 240 year history of the United States the clause has been interpreted and its powers expanded by the United States Supreme Court to permit federal appellate review of matters ranging from religion and to gambling and everything in between. More recently, the Commerce Clause has been used as a federal vehicle to allow
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The federal government did not want states to be in a position to impose tariffs on taxes for products or commerce created in one state from passing through another state while in route to its final destination. James Madison is considered the father of the Commerce Clause. He stated that “This class of power forms an obvious and essential branch of federal administration. If we are to be one nation in any respect, it clearly ought to be in respect to other nations” (Madison, The Federalist Papers No. 42, …show more content…
It was alos argued that the penalty was a tax that was not authorized by the federal government’s power to lay and collect taxes as granted by the Constitution. The Supreme Court held that eh interstate commerce clause did not support forcing individuals to purchase health insureace because the clause does not permit the government to force someone to engage in intersate commerce, it only allows them to regulate existing interstate commerce. The Court did state that the penalty was a tax and therefore not contstitutional. The Court also stated that Congress had the authority to pass the Affordable Care Act under the “necessary and proper clause” however at least some the the constitutional provisions that Congress planned to use for enforcement were deemed unconstitutional. (National Federation of Independent Business v. Sebelius,
The federal government did not want states to be in a position to impose tariffs on taxes for products or commerce created in one state from passing through another state while in route to its final destination. James Madison is considered the father of the Commerce Clause. He stated that “This class of power forms an obvious and essential branch of federal administration. If we are to be one nation in any respect, it clearly ought to be in respect to other nations” (Madison, The Federalist Papers No. 42, …show more content…
It was alos argued that the penalty was a tax that was not authorized by the federal government’s power to lay and collect taxes as granted by the Constitution. The Supreme Court held that eh interstate commerce clause did not support forcing individuals to purchase health insureace because the clause does not permit the government to force someone to engage in intersate commerce, it only allows them to regulate existing interstate commerce. The Court did state that the penalty was a tax and therefore not contstitutional. The Court also stated that Congress had the authority to pass the Affordable Care Act under the “necessary and proper clause” however at least some the the constitutional provisions that Congress planned to use for enforcement were deemed unconstitutional. (National Federation of Independent Business v. Sebelius,