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Constitutional Law Keyed to Stone
National Federation of Independent Business v. Sebelius (On the Tax Power)
Citation:567 U.S. 519 (2012)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 2010, Congress passed the ACA. One provision of the ACA was the individual mandate, which required most Americans to maintain health insurance. Individuals who did not maintain health insurance would have to make a “shared responsibility payment” to the Internal Revenue Service with their taxes, and the payment would be assessed and collected in the same manner as tax penalties.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.
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