Judicial Review and Non - Enforcement at The
نویسندگان
چکیده
Can the President refuse to enforce a law he deems unconstitutional? Take the Affordable Care Act. The Supreme Court upheld the provision in the Act mandating that individuals purchase health insurance, but leading Republicans continue to press the view that the law is unconstitutional. Suppose one such Republican captures the presidency in 2016. His first act in office is to recommend legislation repealing the Affordable Care Act, but a Democrat-controlled Senate tables the proposal. Can the President instead dispose of the law by refusing to enforce its provisions? Can he abandon enforcement of the individual mandate? Can he decline to enforce federal
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