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Article
Realism Over Formalism and the Presumption of Constitutionality: Chief Justice Roberts’ Opinion Upholding the Individual Mandate
Akron Law Review (2013)
  • Wilson Huhn, University of Akron School of Law
Abstract

Chief Justice John Roberts upheld the individual mandate of the Affordable Care Act because he rejected formalism and embraced realism in constitutional analysis, and because he deferred to Congress, acknowledging its right to make policy choices.

Keywords
  • Affordable Care Act,
  • General Welfare Clause,
  • realism,
  • formalism
Publication Date
2013
Citation Information
Wilson Huhn. "Realism Over Formalism and the Presumption of Constitutionality: Chief Justice Roberts’ Opinion Upholding the Individual Mandate" Akron Law Review Vol. 46 (2013)
Available at: http://works.bepress.com/wilson_huhn/74/