DGS49
Diamond Member
Hypothetical: The "Affordable Care Act" - shall we say - facilitates health insurance coverage for fifty million Americans who, without it, would be without insurance coverage.
But it is blatantly unconstitutional. It is beyond the powers of Congress as articulated in Article I of the Constitution, and as constrained by the Tenth Amendment.
The United States Supreme Court must decide whether to (a) strike down this unconstitutional law in total because of its constitutional defect, or (b) allow it to stand, so that these fifty million unfortunates will not be left without insurance (until Congress has a chance to write a constitutional replacement for ACA). Assume that the Supreme Court would write a hundred-page legal justification, "proving" that the law is not unconstitutional.
Should they strike down the law?
Remember, this is a HYPOTHETICAL QUESTION, and you must PRESUME that the law is blatantly unconstitutional in your answer.
[The correct answer is (a)].
But it is blatantly unconstitutional. It is beyond the powers of Congress as articulated in Article I of the Constitution, and as constrained by the Tenth Amendment.
The United States Supreme Court must decide whether to (a) strike down this unconstitutional law in total because of its constitutional defect, or (b) allow it to stand, so that these fifty million unfortunates will not be left without insurance (until Congress has a chance to write a constitutional replacement for ACA). Assume that the Supreme Court would write a hundred-page legal justification, "proving" that the law is not unconstitutional.
Should they strike down the law?
Remember, this is a HYPOTHETICAL QUESTION, and you must PRESUME that the law is blatantly unconstitutional in your answer.
[The correct answer is (a)].