Does mandating health care violate constitution

“Prisons are schools for crime; offenders learn new skills for the illegitimate labor market in prison and become more deeply enmeshed in criminal subcultures.

Prison can be an embittering experience that leaves offenders more angry at the world than when they went in.” John Braithwaite, A body of evidence suggests that incarcerating juveniles in adult correctional facilities not only places the juveniles in a demonstrably more hazardous living situation but also does not fulfill commonly accepted purposes of punishment.

all of which controlled for selection bias, the task force noted that four studies found that transferred juveniles subsequently committed more violent and cumulative crime than their counterparts who remained in the juvenile justice system. One study found no effect on the recidivism of transferred juveniles, and one study found slightly lower recidivism rates for transferred juveniles who initially committed property offenses, although it found higher rates of recidivism for transferred juveniles arrested for all crimes other than property offenses.

The task force concluded that “juveniles transferred to the adult justice system have greater rates of subsequent violence than juveniles retained in the juvenile justice system” and that “[t]ransferring juveniles to the adult justice system is counterproductive as a strategy for deterring subsequent violence.” This increase in recidivism may be partially attributable to confinement in adult facilities, given that juveniles are held with more experienced adult offenders and lack the rehabilitative opportunities available in juvenile facilities.

Juveniles confined in adult facilities face grave dangers to their safety and well-being, including significantly higher rates of physical assault, sexual abuse, and suicide than their counterparts in juvenile facilities.

These dangers and other conditions of juvenile confinement with adults give rise to concerns of constitutional dimension. .”)., the Court expanded its jurisprudence when it applied this analytical framework to hold a noncapital punishment, life in prison without the possibility of parole, unconstitutional as applied to juveniles convicted of nonhomicide offenses.

But as I explained earlier, the Supreme Court already has sufficient reason to strike down the individual mandate without touching any of its existing precedents.

That approach—which targets the mandate's unprecedented regulation of inactivity—could satisfy both Thomas and his faint-hearted originalist colleagues on the bench.

In addition to an overall higher staff-to-inmate ratio and more teachers, most juvenile facilities also include classroom spaces and do not have the same physical-space restrictions faced by many adult facilities.

One study indicates that a juvenile housed in an adult jail is five times more likely to commit suicide than is a juvenile in the general population and eight times more likely to commit suicide than is a juvenile housed in a juvenile facility.

at 4 (“Youth are 19 times more likely to commit suicide in jail than youth in the general population and 36 times more likely to commit suicide in an adult jail than in a juvenile detention facility.” (endnote omitted)).

Yet in its decisions in both state cultivation of wheat and marijuana, respectively.

Constitution grants Congress the power “to regulate commerce...among the several states.” The framers and ratifiers of the Constitution understood those words to mean that while congress may regulate commercial activity that crossed state lines, Congress was not allowed to regulate the economic activity that occurred 17, the Commerce Clause did not extend congressional authority to “the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation.” In other words, the Commerce Clause was not a blank check made out to the federal government.

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