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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 FrostThis 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.
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Publication status
- Published
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- Published version
Journal
Liverpool Law ReviewISSN
1572-8625Publisher
KluwerExternal DOI
Issue
1Volume
34Page range
75-89Department affiliated with
- Law Publications
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- No
Peer reviewed?
- Yes
Legacy Posted Date
2013-09-11First Compliant Deposit (FCD) Date
2013-09-11Usage metrics
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