Question
Read Case Study 5.1 (found on p.145-6) regarding the Supreme Court's ruling on the health insurance mandate found in the Affordable Care Act. Also, think
Read Case Study 5.1 (found on p.145-6) regarding the Supreme Court's ruling on the health insurance mandate found in the Affordable Care Act.
Also, think about the quote from Thomas Jefferson found at the beginning of the chapter:
"Some men look at constitutions with sanctimonious reverence, and deem them like the ark of the covenant, too sacred to be touched....I am certainly not an advocate for frequent and untried changes in laws and constitutions....But....laws and institutions must go hand in hand with the progress of the human mind."
Please draft a case brief for this opinion. If still needed, please look at slide 21 from the first week and p.10 in the text.) Then answer the following questions:
- What was missing that the Court indicated was needed in order to find that the mandate was constitutional?
- What sources does the Court rely on for its constitutional interpretation in this case?
- Do you think Thomas Jefferson would agree or disagree with James Madison - as quoted by Chief Justice Roberts? Why or why not?
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