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Article
Bad News for John Marshall
Yale Law Journal Online (2012)
  • David B Kopel
  • Gary Lawson, Boston University
Abstract

In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.

Keywords
  • Obamacare,
  • health control
Publication Date
2012
Citation Information
David B Kopel and Gary Lawson. "Bad News for John Marshall" Yale Law Journal Online Vol. 121 (2012)
Available at: http://works.bepress.com/david_kopel/41/