Frost, Tom (2013) “Our people in general have a high degree of freedom”. Liverpool Law Review, 34 (1). pp. 75-89. ISSN 1572-8625

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Abstract

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.

Item Type:	Article
Schools and Departments:	School of Law, Politics and Sociology > Law
Subjects:	K Law > K Law in General. Comparative and uniform Law. Jurisprudence
Depositing User:	Thomas Frost
Date Deposited:	11 Sep 2013 14:33
Last Modified:	11 Sep 2013 14:33
URI:	http://sro.sussex.ac.uk/id/eprint/46140

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