"The Federal Government does not have the power to order people to buy health insurance… The Federal Government does have the power to impose a tax on those without health insurance." — Chief Justice John Roberts, NFIB v. Sebelius, June 28, 2012
Roberts upheld the ACA's individual mandate by relying on which enumerated power?
- Acheck_circle
The taxing power of Article I, Section 8
- B
The Commerce Clause of Article I, Section 8
- C
The Necessary and Proper Clause
- D
The Spending Clause for Medicaid
Explanation
Roberts rejected the Commerce Clause justification but saved the mandate by reading the penalty as a constitutional tax, an unusual fusion of liberal and conservative reasoning.