Con Law Center Amicus Briefs

Document Type

Response or Comment

Publication Date



During the 19th century and the beginning of the 20th century the Supreme Court took the position that the Constitution embodied the economic theory of laissez faire and it struck down state and federal legislation that was inconsistent with that theory. After 1937 the Supreme Court rejected that notion and instead embraced the healthy principle that the Constitution does not embody any particular economic theory. This change was appropriate because the changing and competing models and theories that are used to explain and predict human economic behavior are suited to legislative decision-making but have no place in the judicial responsibility to interpret the meaning of the Constitution. The principle of separation of powers requires the courts to defer to Congress on questions of economic policy. As a consequence, the Court should uphold the constitutionality of the individual mandate of the PPACA.

Publication Title

U.S. Supreme Court

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