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The Individual Mandate's Due Process Legality: A Kantian Explanation, And Why It Matters, Peter B. Bayer
The Individual Mandate's Due Process Legality: A Kantian Explanation, And Why It Matters, Peter B. Bayer
Peter B Bayer
ABSTRACT The Individual Mandate’s Due Process Legality: A Kantian Explanation, and Why It Matters by, Prof. Peter Brandon Bayer In its recent National Federation of Independent Business v. Sebelius, __ U.S. __, 12 Westlaw 242810, one of the most controversial decisions of this young century, an intensely divided Supreme Court upheld under Congress’ power to tax the Patient Protection and Affordable Care Act’s most provocative feature, the Individual Mandate (“IM”). In so doing, the Court rejected what appeared to be the IM’s more applicable constitutional premise, Congress’ authority to regulate interstate commerce. Yet, neither the Constitution’s Taxing Clause nor its …
Sacrifice And Sacred Honor: Why The Constitution Is A Suicide Pact, Peter B. Bayer
Sacrifice And Sacred Honor: Why The Constitution Is A Suicide Pact, Peter B. Bayer
Peter B Bayer
Most legal scholars and elected officials embrace the popular cliché that “the Constitution is not a suicide pact.” Typically, those commentators extol the “Constitution of necessity,” the supposition that Government, essentially the Executive, may take any action -- may abridge or deny any fundamental right -- to alleviate a serious national security threat. The Constitution of necessity is wrong. This article explains that strict devotion to the “fundamental fairness” principles of the Constitution’s Due Process Clauses is America’s utmost legal and moral duty, surpassing all other considerations, even safety, security and survival. Analysis begins with the most basic premises: the …