The Individual Mandate and the Commerce Clause

The Affordable Care Act of 2010 contained a provision that required most Americans to purchase health insurance or pay a penalty to the federal government. In NFIB v. Sebelius (2012), the Supreme Court took up a challenge to this provision and held that Congress did not have the authority to pass the provision under the Commerce Clause but that it did have the authority to pass the provision under its enumerated power to lay and collect taxes.

Om Podcasten

The 1787 Project is the podcast version of the lectures for Professor Justin Dyer's socially-distanced class on the U.S. Constitution at the University of Missouri. Running from August 2020 - May 2021, the course is about how the U.S. Constitution of 1787 frames the way we organize our life together as a political community. Published twice a week, the episodes explore who gets to decide big questions of public policy and why, analyze the design of our national political institutions and the contested boundaries between them, and look at the structure of constitutional rights.