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“Our people in general have a high degree of freedom”

journal contribution
posted on 2023-06-15, 14:55 authored by Tom Frost
This article considers the United States Supreme Court’s ruling in National Federation of Independent Business et al v Sebelius, which questioned the constitutionality of President Obama’s signature healthcare reforms of 2009, which have become colloquially known as ‘Obamacare’. Although the Supreme Court upheld the Act as constitutional, this article contends that the Supreme Court’s reasoning can be read as another battle in the long-standing debate in American politics over the correct size and limits of the Federal Government. In upholding the healthcare reforms as a tax, rather than under the Constitution’s Commerce Clause, the Supreme Court has endorsed a view of limited government in line with the principles of classical liberalism. This has the potential to greatly restrict the scope of the Federal Government to pursue large scale expansive social welfare programmes in the future.

History

Publication status

  • Published

File Version

  • Published version

Journal

Liverpool Law Review

ISSN

1572-8625

Publisher

Kluwer

Issue

1

Volume

34

Page range

75-89

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2013-09-11

First Compliant Deposit (FCD) Date

2013-09-11

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