Supreme court and congressional power Flashcards
What did the court rule in National Federation of independent of independent Business V Sebelius?
By 5-4 upheld most provisions for most affordable care act with Chief justice Roberts joining the courts liberal foursome (Ginsburg, Breyer , Sotomayor and Kavanaugh)
Why was the payed penalty significant?
Democrats in congress and the obama administration had consistently argued provisions of acts were constitutional as the powers granted to congress by the commerce clause congress said they could write into the act the ‘individual mandate’ requiring every american to get health insurance of pay a penalty
What did chief roberts rule ?
Claimed it was legal as congress had the power to rate taxes and could be considered tax not penalty
Immigration- US v Arizona 2012?
Court struck down 3 provisions of Arizona’s immigration law as they encroached congressional authority over immigration
So here the court protected congressional power and didn’t limit it
Immigration- Us v Windsor 2013?
Supreme court ruled section 3 of defence of marriage act was unconstitutional as it denied federal recognition of same sex marriage so therefore a violation of the due process caused of 5th amendment
