Author Archive for David J. Porter, J.D.

A Whirlwind Tour of the Supreme Court’s Commerce Clause Jurisprudence
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A Whirlwind Tour of the Supreme Court’s Commerce Clause Jurisprudence

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by on Apr 03, 2012 in Featured, Government & Politics, The Economy
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There is a widely held view that Congress has virtually unlimited power to legislate, especially concerning economic matters. Consider, for example, the passage of the controversial Patient Protection and Affordable Care Act two years ago. While Congress’ power to regulate the economy is not completely unbounded, it is very far-reaching indeed. However, it was not […]

Is the Health Care Law Constitutional? No, Strike It Down
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Is the Health Care Law Constitutional? No, Strike It Down

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by on Apr 02, 2012 in Featured, Government & Politics
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This summer, the Supreme Court will decide whether Congress violated the Constitution when it enacted the Patient Protection and Affordable Care Act, which contains an “individual mandate” requiring virtually every American to purchase health insurance. Based on the Constitution’s text and structure, and judicial interpretations of the relevant provisions, the mandate should be struck down. […]