The Yale Law Journal

Gary Lawson

Forum

Bad News for John Marshall

Gary Lawson & David B. Kopel

In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Mar…

Forum

Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate

Gary Lawson & David B. Kopel

In Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform, Professor Andrew Koppelman argues that the individual mandate in the Patient Protection and Affordable Care Act is constitutionally authorized by the Necessary and Proper Clause. This view is fundamentally wrong. The …