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Full-Text Articles in Law
Individual Mandates: A Founder-Approved Means Under The Necessary And Proper Clause, Eli Alcaraz
Individual Mandates: A Founder-Approved Means Under The Necessary And Proper Clause, Eli Alcaraz
Eli A Alcaraz
The Affordable Health Care Act’s (“ACA”) individual mandate requiring most Americans to purchase healthcare was challenged as unconstitutional even before the ACA was passed. Challengers to the ACA assert that the federal government has never been allowed to force an individual to make a purchase from a private entity and that the ACA’s requirement that an individual do so is unconstitutional. This Comment takes issue with those asserting that an “individual mandate” is a contemporary invention and unconstitutional. As a matter of fact, there is at least one historical example where the federal government has forced individuals to makes purchases …
Individual Mandates: Congress’ Power To Force Individuals To Purchase Goods From Private Entities Is Older Than You Think, Eli Alcaraz
Eli A Alcaraz
The Affordable Health Care Act’s (“ACA”) individual mandate was challenged as unconstitutional since before the passing of the ACA. Challengers to the ACA assert that the federal government has never been allowed to force and individual to make a purchase from a private entity and that the ACA’s requirement that an individual do so is unconstitutional. This Article takes issue with those asserting that an “individual mandate” is a contemporary invention. In fact, there has been at least one instance where the federal government has forced individuals to makes purchases from private entities in the Uniform Militia Act of 1792. …
Individual Mandates: Congress’ Power To Force Individuals To Purchase Goods From Private Entities Is Older Than You Think, Eli A. Alcaraz
Individual Mandates: Congress’ Power To Force Individuals To Purchase Goods From Private Entities Is Older Than You Think, Eli A. Alcaraz
Eli A Alcaraz
The Affordable Health Care Act’s (“ACA”) individual mandate was challenged as unconstitutional even before the ACA was passed. Challengers to the ACA assert that the federal government has never been allowed to force and individual to make a purchase from a private entity and that the ACA’s requirement that an individual do so is unconstitutional. This Article takes issue with those asserting that an “individual mandate” is a contemporary invention. In fact, there has been at least one instance where the federal government has forced individuals to makes purchases from private entities in the Uniform Militia Act of 1792. This …