Could Congress, by the act of passing a new federal law, nationalize the power to issue charters for business corporations? Here is a concise explanation of the issue.
The want of a central authority over commercial affairs was one of the major weaknesses of the Articles of Confederation, and a central animating purpose behind the Constitutional Convention that convened in Philadelphia in the summer of 1787.
For both lawyers, most of the questions coming from the bench probably will be about Congress’s powers under the Commerce Clause, though some will explore the Necessary and Proper Clause, and at least a few questions may focus on the mandate as a form of tax.
What so many opponents of the Affordable Care Act find offensive is the idea that you have to do something because the government tells you that you have to when freedom to so many Americans has traditionally been understood to mean being left to our own devices.
In 2012 John Roberts has an opportunity to add his name to the exclusive list of Chief Justices whose leadership has marked a shift in Supreme Court history and a new era of constitutional doctrine.