Document Type
Article
Publication Date
2012
Publisher
Yale Law School
Language
en-US
Abstract
In "Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate," we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, "Bad News for Everybody," wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.
Recommended Citation
Gary S. Lawson & David Kopel,
Bad News for John Marshall
,
in
121
Yale Law Journal Online
529
(2012).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/160
