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true or false? the individual mandate was upheld by the supreme court as an exercise of congressional taxing power.

User One
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Answer: True

Step-by-step explanation:

A majority held the indi¬vidual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause; however, the majority opinion by Chief Justice Roberts concludes that the individual mandate may be upheld as within Congress’s power under the Taxing Clause. As a consequence of the Court’s ruling today, Americans, whether they want it or not, will be compelled to purchase a product – health insurance – or pay a penalty.

The dissenting justices interpreted the Individual Mandate constitutes a penalty for constitutional purposes that is also a tax for constitutional purposes. The dissent argues that the Individual Mandate cannot be treated as both under the law. They find that for the purposes of the Affordable Care Act it is clearly a “penalty” and not a “tax.” As a result, they conclude the mandate could not be upheld under the Taxing Clause, despite the majority’s arguments to justify the decision.

User Asliwinski
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