How the Gun-Free School Zones Act Saved the Individual Mandate

Document Type

Article

Publication Date

2012

Abstract

The PPACA's individual mandate would be considerably more vulnerable to commerce-clause attack if United States v. Lopez had never been decided. To be sure, Lopez stands for the proposition that the commerce power is limited. But both as a matter of common-law process and as a matter of constitutional discourse, Lopez has helped create the conditions under which this particular exercise of the commerce power is easy to validate as constitutional.

Link to Full Text

Share

COinS