OHTHATDESIREE532 OHTHATDESIREE532
  • 16-11-2018
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What expressed power did the Supreme Court cite when it upheld the constitutionality of the Affordable Care Act?

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carolara
carolara carolara
  • 26-11-2018

The expressed power the Supreme Court cited when it upheld the constitutionality of the Affordable Care Act (ACA) was: the power to tax.  

Explanation

Even though the Supreme Court declared that the law could never be upheld, by a decision based on the regulatory power of Congress, the Court ended accepting that it was constitutional and valid for the Congressional power to tax, as a consequence, defending the individual mandate.

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