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NFIB v. Sebelius

5-4

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The Importance of the Commerce Clause in the Constitution

The individual mandate gets upheld as a tax, but- Simple enough. In the process, Robert specifically states that the individual mandate is not a proper exercise of Congress's power under the Commerce Clause. He says that the commerce clause quote regulates commerce, and therefore does not allow Congress to force people to create commerce. It should be noted that this is an entirely made-up distinction which has no basis in the text of the Constitution.

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