Truth Frequency Radio
Nov 05, 2013

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A new paper by an Indiana University professor sheds new light on the U.S. Supreme Court’s rejection of legal challenges to the Affordable Care Act, which many critics said threatens state sovereignty and individual liberties.

The paper comes at a time when problems with the act’s implementation, particularly the creation of state health care exchanges, highlight the limits of federal capabilities and the importance of state cooperation in the success of domestic government programs.

In an article in Business Horizons, a journal published by IU’s Kelley School of Business, Tim Lemper argues that the court’s decision in National Federation of Independent Business v. Sebelius actually established new limits on the power of the federal government.

“The court was heavily criticized for betraying the principles of federalism and limited government in the U.S. Constitution,” Lemper said. “In reality, the court’s decision placed groundbreaking limits on Congress’ power to regulate commerce and use federal funds to pressure states into doing its bidding.

“These aspects of the court’s decision received less attention in the popular media but may actually prove to have a more significant impact on the scope of federal power in the future,” said Lemper, a clinical professor of business law at Kelley.

In his research, Lemper often takes a more critical approach to overlooked details in legislation and jurisprudence. Earlier research brought to light a drafting error in the federal trademark dilution statute, which led Congress to amend the law last fall.

In his paper, “The Supreme Struggle: ‘Obamacare’ and the New Limits on Federal Regulation,” Lemper bases his arguments on two points raised in the court’s opinion: new limits on Congress’ power to regulate interstate commerce and to coerce states with the threat of losing federal funding.

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