Does the Individual Responsibility Requirement Exceed Congress’ Commerce Clause Powers?
Individual Responsibility Requirement Congress included specific findings as part of section 1501 of the ACA, stating that the individual responsibility requirement is based on an exercise of power under the Commerce Clause.[30] As noted above, the Commerce Clause gives Congress the authority to regulate commerce “among the several states.”[31] Since the early 1940s the United States Supreme Court has held that, in addition to regulating the movement of goods across state lines, Congress’s power under the Commerce Clause also applies to local matters that “substantially affect interstate commerce.”[32] The Court has upheld a variety of federal laws that regulate individual conduct, including laws that prohibit a refusal to interact with racial minorities[33] and permit the federal government to regulate an individual growing wheat[34] and marijuana[35] for purely home consumption. As recently as 2005, in Gonzales v. Raich[36] the Court upheld federal legislation prohibiting the use of
Related Questions
- The capital requirement on the individual properties we offer ranges from £ 3000 to £ 10 000, depending on the value of the property and the financial structure in place. What sort of returns will I get?
- What are the penalties for those who don’t meet the individual responsibility requirement? And are there exceptions?
- Is there a minimum age requirement for a qualifying individual?
