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Background
The primary initial legal challenge to [[ObamaCare]] is its lack of authority under the Commerce Clause, which prevailed 5-4 on this issue in 2012, but then lost 5-4 when it was upheld under the Taxing Power instead.
The primary initial legal challenge to [[ObamaCare]] is its lack of authority under the Commerce Clause, which prevailed 5-4 on this issue in 2012, but then lost 5-4 when it was upheld under the Taxing Power instead.
==Background==
"Commerce" was a major topic of contention during the time of the [[Articles of Confederation]] and the formation of the [[Constitution]]. At the time, the states were much more independent, and were known for issuing taxes against each other.<ref>[http://avalon.law.yale.edu/18th_century/debates_723.asp Madison Debates - July 23]"The present advantage which N. York seems to be so much attached to, of taxing her neighbours by the regulation of her trade, makes it very probable, that she will be of the number."</ref>
==See also==
==See also==
*[[Necessary and Proper Clause]]
*[[Necessary and Proper Clause]]
*[[General Welfare Clause]]
*[[General Welfare Clause]]
*[[Annapolis Convention]]
==References==
==References==
{{reflist|1}}
==External links==
==External links==