SCALIA, KENNEDY, THOMAS, and ALITO, JJ., dissenting SUPREME COURT OF THE UNITED STATES _________________ Nos. 11393, 11398 and 11400 _________________ NATIONAL FEDERATION OF INDEPENDENT BUSINESS, ET AL ., PETITIONERS 11393 v. KATHLEEN SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL . DEPARTMENT OF HEALTH AND HUMAN SERVICES, …
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
[Clause 3] To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
The most recent review of Congress’ Commerce Clause power is in the 2012 U.S. Supreme Cort opinion National Federation of Independent Business v. Sebelius, also known as the Affordable Care Act or “Obamacare” case. Links to the major components of this nearly 200-page Supreme Court opinion appear at the end of this article. But first, a brief history of the Commerce Clause.