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Indicate TRUE or FALSE for each question. The U.S. Supreme Court reviews the actions of the other branches of government. The U.S. Congress has the power to regulate only interstate commerce. In Case 5.1, the U.S. Supreme Court said that the Patient Protection and Affordable Care Act (Obama Care) passed by Congress was unconstitutional under the Commerce Clause. Police power is the federal government’s power to regulate intrastate commerce. The police power is upheld only if the benefit achieved by a statute does not outweigh the Burden imposed on interstate commerce.
Expert Answer
1. The US Supreme Court reviews the actions of the other branches of Government: True
Reason: This power of Supreme court to review the actions of the other branches of Government is known as Judicial review.
2. The US Congress had the power to regulate only interstate commerce: False
Reason: The commerce clause allows the Congress to regulate interstate as well as Foreign commerce.
3. In case 5.1, the US Supreme Court said that the Obama Care passed by Congress was unconstitutional under the Commerce clause: False
Reason: The US Supreme Court had ruled that Obama Care passed by Congress was constitutional affirming the same by the margin of 5-4 in the case. In order to support the arguments against the violation of the ‘Individual mandate’ under the Commerce clause, the Court held that the individual mandate in the case of ‘Obama care’ was not a penalty but rather a tax that comprised of the constitutional powers of the Congress for levying the taxes.
4. Police power is the Federal Government’s power to regulate intrastate commerce: False
Reason: The Police power is the power of the public itself to self-regulate and inherited in the State and to its citizens. Hence the police power belongs to the State who can only indirectly attempt to regulate the intrastate commerce. However, they could certainly coincide with that of the Federal Government’s power if it does not contradict to it but Police power is separate from the Federal Government’s power.
