TY - JOUR
T1 - "Our own limited role in policing those boundaries"
T2 - Taking small steps on health care
AU - Whittington, Keith E.
PY - 2013
Y1 - 2013
N2 - The Patient Protection and Affordable Care Act ignited a political firestorm and raised intriguing new questions of constitutional law. Cutting a path between the liberals and conservatives on the US Supreme Court, Chief Justice John Roberts made small adjustments in established constitutional law to uphold key features of the act. In doing so, he not only upheld the statute but also left the landscape of constitutional law much as he had found it. He did, however, suggest that the federal courts should take a more active role in monitoring how Congress uses its constitutional powers and should not shy away from making specific determinations of whether Congress had abused its power in particular cases.
AB - The Patient Protection and Affordable Care Act ignited a political firestorm and raised intriguing new questions of constitutional law. Cutting a path between the liberals and conservatives on the US Supreme Court, Chief Justice John Roberts made small adjustments in established constitutional law to uphold key features of the act. In doing so, he not only upheld the statute but also left the landscape of constitutional law much as he had found it. He did, however, suggest that the federal courts should take a more active role in monitoring how Congress uses its constitutional powers and should not shy away from making specific determinations of whether Congress had abused its power in particular cases.
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U2 - 10.1215/03616878-1966261
DO - 10.1215/03616878-1966261
M3 - Article
C2 - 23262777
AN - SCOPUS:84877825822
SN - 0361-6878
VL - 38
SP - 273
EP - 282
JO - Journal of health politics, policy and law
JF - Journal of health politics, policy and law
IS - 2
ER -