The federal government did not want states to be in a position to impose tariffs on taxes for products or commerce created in one state from passing through another state while in route to its final destination. James Madison is considered the father of the Commerce Clause. He stated that “This class of power forms an obvious and essential branch of federal administration. If we are to be one nation in any respect, it clearly ought to be in respect to other nations” (Madison, The Federalist Papers No. 42, …show more content…
It was alos argued that the penalty was a tax that was not authorized by the federal government’s power to lay and collect taxes as granted by the Constitution. The Supreme Court held that eh interstate commerce clause did not support forcing individuals to purchase health insureace because the clause does not permit the government to force someone to engage in intersate commerce, it only allows them to regulate existing interstate commerce. The Court did state that the penalty was a tax and therefore not contstitutional. The Court also stated that Congress had the authority to pass the Affordable Care Act under the “necessary and proper clause” however at least some the the constitutional provisions that Congress planned to use for enforcement were deemed unconstitutional. (National Federation of Independent Business v. Sebelius,