Question:
The intervention was necessary in order to protect US interests in the region

If it can be proved that the intervention was incredibly important to the US for both its own interests as well as for its moral imperative then the US bending the War Power Act can be seen as a legitimate exception to constitutional rules that has to be borne despite the harms such a breach might cause.

Violence and insecurity within the Libyan region would negatively affect US security. Firstly through the fact that poverty and conflict often breed religious radicalism and can often result in terrorism which directly harms the US as the most visible world power. Secondly, the US intervening is necessary to show members of the Middle East and North Africa that it is willing to support the region during a time of taxing transitions from old dictatorships to often weak democracies. Further, it shows that the US is compassionate in that it is unwilling to stand by and allow regions to descend into humanitarian crises.

The intervention also prevented a flood of refugees into Egypt and Tunisia.1 Egypt itself is currently undergoing democratic change and such a crisis might have forced that process backward. Tunisia is undergoing a similar transition and America needs to show support for these countries so that the governments that are established in the future will view America in a positive light.

Finally such an intervention is necessary owing to the role that the US and the people of the US feel that it should take in the world. Standing aside whilst a humanitarian crisis unfolds goes against the ideals that the US stands for. Further, given this revolution is likely seeking a democratic government it seems inconsistent that the US would not help countries aiming to become more like the US. 2,3

Wauquiez , Laurent, ‘Libya/no-fly zone/sanctions/refugees – NATO intervention/Arab reaction’, France in the United States, 8 March 2011,

Obama Administration letter to Congress justifying Libya engagement, 15/06/2011

Text of Obama’s Speech on Libya: “A Responsibility to Act.” NPR.org 28/03/2011

The intervention in Libya has run contrary to the interests of the US by giving the president stronger powers. When Bill Clinton intervened with NATO in Kosovo he had to gain the approval of congress following the 60th day, with the conflict ending on the 78th. In allowing Obama to do this, a fundamental part of the U.S. democratic system has been undermined and more powers have been given to the presidency. In the future this could lead to further bad decisions for the united states as presidents are required to prove less in order to take stronger action.1

Greenwald, Glenn. “The illegal war in Libya.” Salon. 19/05/2011

Ahmadinejad’s words were mistranslated, [1] and Iran’s position has been clarified by Supreme Leader Ali Khamenei, who has repeated Khomeini’s exhortation that Islam prohibits the use of nuclear weapons. [2]

On the Presidential side, Esfandiar Mashaei, formerly Vice President in Ahmadinejad’s first term and now Presidential Chief of staff, suggested in 2008 that Iran is a friend of all peoples including Israelis. [3]

Furthermore, Iran needs Israel to provide a bogeyman they can use to divide their anti-Iranian governments from their anti-Israeli people. Anti-Israel sentiment has allowed Iran to push anti-Persian sentiment in the Arab world to the backburner, something that would disappear along with Israel if Iran were to act on these ideas.

[1] Bronner, Ethan, ‘Just How Far Did They Go, Those Words Against Israel?’, The New York Times, 11 June 2006, http://www.nytimes.com/2006/06/11/weekinreview/11bronner.html?adxnnl=1&a...

[2] BBC News, ‘Iran leader Khamenei brands US ‘nuclear criminal’, 17 April 2010, http://news.bbc.co.uk/1/hi/8627143.stm

[3] Cohen, Dudi, ‘Iranian VP: We are friends of the nation in Israel’, ynetnews.com, 19 July 2008, http://www.ynetnews.com/articles/0,7340,L-3570266,00.html

Sharing procurement of nuclear weapons delivery systems makes simple sense through sharing the cost. The UK only contributed 5% of the original cost of trident but the UK systems are just as potent. This however does not mean that the UK weapons systems are not independent. Operationally the UK has complete control over its weapons. The USA cannot in any way prevent, veto or forbid the UK from using its own nuclear weapons. [1] It is independent in the way that matters.

[1] Directorate of Chemical, Biological, Radiological and Nuclear Policy, ‘Your freedom of information request about the UK Nuclear deterrent’, 19 July 2005.

It is wrong to be expanding the aid budget at a time of economic crisis when the government is dramatically failing to balance its books. The list of things that the Obama administration wants to do with aid are either things that are best left to the military and intelligence services such as combating terrorism and transnational crime, or are areas where the United States has no responsibility to be providing assistance such as global education and health. The reality is that there are not rising commitments for foreign aid; far from it. The number of people in absolute poverty (less than $1.25 per day) has declined from 1.91 billion in 1990 to 1.29 billion in 2008 despite a rapidly rising population. [1] Moreover it is not foreign aid that is bringing about this decline but trade and the resulting economic growth in developing countries. [2] It is therefore completely the wrong strategy to be increasing foreign aid to tackle these problems.

[1] ‘Poverty’, The World Bank, March 2012.

[2] Chandy, Laurence, and Gertz, Geoffrey, ‘With Little Notice, Globalization Reduced Poverty’, YaleGlobal, 5 July 2011.

EU membership is expendable. Being a member of the EU hurts the UK -- taxpayers contribute £8.3 billion a year, much of which goes to programs that don’t help the UK. 1 If it left the EU, the UK could keep that money to invest in its own economy. Furthermore, without the threat of the EU overruling, Parliament could pass bills that have the support of the British population but not the approval of the EU, like a ban on the rights of prisoners to vote. 2 The country could also negotiate better trade deals, as its economy is stronger than the EU average. Freedom from EU trade rules would also prevent farcical situations like EU residents being able to apply for London 2012 Olympics tickets despite their countries being allocated a proportion of tickets already. 3

1 DAILY MAIL COMMENT. March 14, 2011. “Europe and the case for a referendum.” The Daily Mail, accessed June 22, 2011.

2 CHAPMAN, JAMES. February 11, 2011. “Day we stood up to Europe” The Daily Mail. Accessed June 27, 2011.

3 Patrick Sawer, “Thousands of foreigners snap up Olympics tickets meant for Brits” accessed June 27, 2011

No doubt Daesh does have long term territorial plans, but in practice Daesh is currently stuck in Iraq and Syria unable to conquer either. Yes Daesh being territorial makes it very unusual for a terrorist organisation. However this also provides a fixed target to defeat, and that defeat can be on foreign soil.

Daesh has a long shot chance of tearing up the borders of the Middle East. However as these borders have long been criticised as illogical and contrived this would not necessarily undermine the state system in the Middle East, it may even benefit from more cohesive populations with national boundaries. [1]

[1] Trofimov, Yaroslav, ‘Would new borders mean less conflict in the Middle East?’, WSJ, 10 April 2015, http://www.wsj.com/articles/would-new-borders-mean-less-conflict-in-the-middle-east-1428680793

Many voters are making an active choice when they decide not to vote, they are either showing that they recognise how little impact their vote will have, or else that they do not believe that it is worth their while spending the time to vote. [1] Finally even if they are not making an active choice not to vote and don’t vote due to ignorance is that really a dereliction of their civic duty? Does it not show that politics, politicians, and parties have not done enough to engage with these voters and tell them why, when and where they can vote? It should be up to politicians to persuade us that they are worthy of our votes.

[1] Caryl, Christian, ‘In Praise of Apathy’, Foreign Policy, 24 October 2012

Each country should be free to decide which freedoms are important to it and fit with its own culture rather than having to fit into a western straitjacket in order to be considered ‘democratic’. It is true that press freedoms are a difficult issue but it is not the full story to simply point to the numbers of journalists in prison as the media can still be effective even when some journalists are imprisoned. The OSCE when looking at the 2011 elections said “The media landscape in Turkey is diverse and lively” for example all parties are able to purchase airtime under equal conditions. [1]

[1] Election Assessment Mission, ‘Republic of Turkey Parliamentary Elections 12 June 2011’, OSCE Office for Democratic Institutions and Human Rights, 31 October 2011, http://www.osce.org/odihr/84588 , pp.2, 19

Like all parties in a democracy the leadership of the party responds to the concerns of members. Millions of ordinary Americans have genuine concerns about the state of modern America particularly in relation to the encroachment of every day government into their lives and values and imposing the opinions of a small coastal elite onto communities that want nothing to do with them.

The Republican Party increasingly reflects the historical background of the country as well as a position that reflects the belief of most Americans; historically and culturally Christian and mistrustful of an over-mighty state. Although there are nuances between presidential candidates, those statements would be supported by all of them and they appear divided because they are in the middle of a primary campaign.

Although the prize has gained recognition in the Western world or ‘Global North’ to what extent is the prize, its reward, and meaning, known and understood by African citizens? If the prize is recognising African leadership citizens need to be aware of the prize in the first place - whether their country is up for nomination or not. Awareness is the only way the apparent transparency can hold power and become a reality. Citizens cannot demand change or hold the state to account when they are not aware of the index, the prize, and the so-called changes being made.

There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Humanitarian reasons prompted swift intervention

The US intervention in Libya was necessary because Gadaffi had shown and has shown before that he is willing to kill and abuse citizens en mass in order to preserve his power. The U.S. intervention was necessary in order to prevent the indiscriminate bombing of towns by Gadaffi’s air forces. Such bombing attacks led to significant civilian casualties.1

Following the genocide in Rwanda in 1994 the United States placed on itself a moral mandate that ‘never again’ would such massacres be allowed to continue without intervention. Had the uprising been put down, reprisals by Gadaffi would have been swift and likely resulted in many innocents being killed. 2 The United States had to step in.

Obama Libya Speech Strongly Defends Intervention (FULL TESXT)’ AP/The Huffington Post, 28 March 2011,

Obama Administration letter to Congress justifying Libya engagement, 15/06/2011

Firstly, the Obama regime had plenty of time to get congressional approval. It would have been fairly easy for a bipartisan bill led by Senators John Kerry and John McCain to get through congress in time for the U.S. to successfully intervene in the area. The United States through a joint session of congress declared war on Japan within two days of the Japanese launching their attack on Pearl Harbor showing that declarations of war can be pushed through congress quickly when there is the need.1

Secondly, whilst some of congress, the leadership was consulted regarding the actions in Libya, all of congress was not. This harms the portrayal of congress as an important and representative body when more minor members are not consulted for very important decisions made by the state. As such, no discretion can be allowed in this area because to do so is to harm the institutions upon which the US is founded.2

‘Joint Address to Congress Leading to a Declaration of War

Ackerman, Bruce. “Obama’s Unconstitutional War.” ForeignPolicy.com 24/03/2011

Ahmadinejad’s words were mistranslated, [1] and Iran’s position has been clarified by Supreme Leader Ali Khamenei, who has repeated Khomeini’s exhortation that Islam prohibits the use of nuclear weapons. [2]

On the Presidential side, Esfandiar Mashaei, formerly Vice President in Ahmadinejad’s first term and now Presidential Chief of staff, suggested in 2008 that Iran is a friend of all peoples including Israelis. [3]

Furthermore, Iran needs Israel to provide a bogeyman they can use to divide their anti-Iranian governments from their anti-Israeli people. Anti-Israel sentiment has allowed Iran to push anti-Persian sentiment in the Arab world to the backburner, something that would disappear along with Israel if Iran were to act on these ideas.

[1] Bronner, Ethan, ‘Just How Far Did They Go, Those Words Against Israel?’, The New York Times, 11 June 2006, http://www.nytimes.com/2006/06/11/weekinreview/11bronner.html?adxnnl=1&a...

[2] BBC News, ‘Iran leader Khamenei brands US ‘nuclear criminal’, 17 April 2010, http://news.bbc.co.uk/1/hi/8627143.stm

[3] Cohen, Dudi, ‘Iranian VP: We are friends of the nation in Israel’, ynetnews.com, 19 July 2008, http://www.ynetnews.com/articles/0,7340,L-3570266,00.html

Sharing procurement of nuclear weapons delivery systems makes simple sense through sharing the cost. The UK only contributed 5% of the original cost of trident but the UK systems are just as potent. This however does not mean that the UK weapons systems are not independent. Operationally the UK has complete control over its weapons. The USA cannot in any way prevent, veto or forbid the UK from using its own nuclear weapons. [1] It is independent in the way that matters.

[1] Directorate of Chemical, Biological, Radiological and Nuclear Policy, ‘Your freedom of information request about the UK Nuclear deterrent’, 19 July 2005.

It is wrong to be expanding the aid budget at a time of economic crisis when the government is dramatically failing to balance its books. The list of things that the Obama administration wants to do with aid are either things that are best left to the military and intelligence services such as combating terrorism and transnational crime, or are areas where the United States has no responsibility to be providing assistance such as global education and health. The reality is that there are not rising commitments for foreign aid; far from it. The number of people in absolute poverty (less than $1.25 per day) has declined from 1.91 billion in 1990 to 1.29 billion in 2008 despite a rapidly rising population. [1] Moreover it is not foreign aid that is bringing about this decline but trade and the resulting economic growth in developing countries. [2] It is therefore completely the wrong strategy to be increasing foreign aid to tackle these problems.

[1] ‘Poverty’, The World Bank, March 2012.

[2] Chandy, Laurence, and Gertz, Geoffrey, ‘With Little Notice, Globalization Reduced Poverty’, YaleGlobal, 5 July 2011.

EU membership is expendable. Being a member of the EU hurts the UK -- taxpayers contribute £8.3 billion a year, much of which goes to programs that don’t help the UK. 1 If it left the EU, the UK could keep that money to invest in its own economy. Furthermore, without the threat of the EU overruling, Parliament could pass bills that have the support of the British population but not the approval of the EU, like a ban on the rights of prisoners to vote. 2 The country could also negotiate better trade deals, as its economy is stronger than the EU average. Freedom from EU trade rules would also prevent farcical situations like EU residents being able to apply for London 2012 Olympics tickets despite their countries being allocated a proportion of tickets already. 3

1 DAILY MAIL COMMENT. March 14, 2011. “Europe and the case for a referendum.” The Daily Mail, accessed June 22, 2011.

2 CHAPMAN, JAMES. February 11, 2011. “Day we stood up to Europe” The Daily Mail. Accessed June 27, 2011.

3 Patrick Sawer, “Thousands of foreigners snap up Olympics tickets meant for Brits” accessed June 27, 2011

No doubt Daesh does have long term territorial plans, but in practice Daesh is currently stuck in Iraq and Syria unable to conquer either. Yes Daesh being territorial makes it very unusual for a terrorist organisation. However this also provides a fixed target to defeat, and that defeat can be on foreign soil.

Daesh has a long shot chance of tearing up the borders of the Middle East. However as these borders have long been criticised as illogical and contrived this would not necessarily undermine the state system in the Middle East, it may even benefit from more cohesive populations with national boundaries. [1]

[1] Trofimov, Yaroslav, ‘Would new borders mean less conflict in the Middle East?’, WSJ, 10 April 2015, http://www.wsj.com/articles/would-new-borders-mean-less-conflict-in-the-middle-east-1428680793

Many voters are making an active choice when they decide not to vote, they are either showing that they recognise how little impact their vote will have, or else that they do not believe that it is worth their while spending the time to vote. [1] Finally even if they are not making an active choice not to vote and don’t vote due to ignorance is that really a dereliction of their civic duty? Does it not show that politics, politicians, and parties have not done enough to engage with these voters and tell them why, when and where they can vote? It should be up to politicians to persuade us that they are worthy of our votes.

[1] Caryl, Christian, ‘In Praise of Apathy’, Foreign Policy, 24 October 2012

Each country should be free to decide which freedoms are important to it and fit with its own culture rather than having to fit into a western straitjacket in order to be considered ‘democratic’. It is true that press freedoms are a difficult issue but it is not the full story to simply point to the numbers of journalists in prison as the media can still be effective even when some journalists are imprisoned. The OSCE when looking at the 2011 elections said “The media landscape in Turkey is diverse and lively” for example all parties are able to purchase airtime under equal conditions. [1]

[1] Election Assessment Mission, ‘Republic of Turkey Parliamentary Elections 12 June 2011’, OSCE Office for Democratic Institutions and Human Rights, 31 October 2011, http://www.osce.org/odihr/84588 , pp.2, 19

Like all parties in a democracy the leadership of the party responds to the concerns of members. Millions of ordinary Americans have genuine concerns about the state of modern America particularly in relation to the encroachment of every day government into their lives and values and imposing the opinions of a small coastal elite onto communities that want nothing to do with them.

The Republican Party increasingly reflects the historical background of the country as well as a position that reflects the belief of most Americans; historically and culturally Christian and mistrustful of an over-mighty state. Although there are nuances between presidential candidates, those statements would be supported by all of them and they appear divided because they are in the middle of a primary campaign.

Although the prize has gained recognition in the Western world or ‘Global North’ to what extent is the prize, its reward, and meaning, known and understood by African citizens? If the prize is recognising African leadership citizens need to be aware of the prize in the first place - whether their country is up for nomination or not. Awareness is the only way the apparent transparency can hold power and become a reality. Citizens cannot demand change or hold the state to account when they are not aware of the index, the prize, and the so-called changes being made.

There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The mandate is not constitutional under the commerce clause

Many attorneys general have fought constitutionality of mandates. Since the passage of the legislation in March of 2010, many state governments, governors, and attorney generals have pressed forward with lawsuits centred on the idea that the individual mandate in the legislation is unconstitutional.(7) Underlying these legal challenges is a debate about the basis of the national Congress’s lawmaking powers. In order for laws passed by Congress to be considered legitimate and enforceable, those laws must be based on a power conferred on congress by the Constitution. On those areas of law and public life where the Constitution is silent, legislative power rests not in the hands of Congress, but rather is “reserved to the States respectively, or to the people.”(9)

It has been argued that the individual healthcare mandate is authorised by the Constitution's empowerment of Congress to “regulate interstate commerce” (known as the “commerce clause”), however this is not true and the commerce clause does not authorize health insurance mandates. As the Congressional Research Service has written: "Despite the breadth of powers that have been exercised under the Commerce Clause, it is unclear whether the clause would provide a solid constitutional foundation for legislation containing a requirement to have health insurance. Whether such a requirement would be constitutional under the Commerce Clause is perhaps the most challenging question posed by such a proposal, as it is a novel issue whether Congress may use this clause to require an individual to purchase a good or a service.”(2) The most obvious reason for this is that an omission to buy health insurance can in no way be termed 'interstate commerce', as there is no activity or commerce going on. This is not in keeping with the commerce clause, unlike other previous federal healthcare laws.

There is no doubt that Congress can regulate an entire array of economic activities, large and small, inter- and intra-state. Thus, for example, there is no problem, Constitution-wise with having Congress regulate health care insurance purchase transactions. The problem with an individual insurance purchase mandate, however, is that it does not regulate any transactions at all; it regulates human beings, simply because they exist, and orders them to engage in certain types of economic transactions.(8)

While most health care insurers and health care providers may engage in interstate commerce and may be regulated accordingly under the Commerce Clause, it is a different matter to find a basis for imposing Commerce Clause related regulation on an individual citizen who chooses not to undertake a commercial transaction. The decision not to engage in affirmative conduct is arguably distinguishable from cases in which Commerce Clause regulatory authority was recognized over intra-state activity: growing wheat, for example, (Wickard v. Filmore) or, more recently, growing marijuana (Gonzales v. Raich).(6)

If Congress were to invoke its Commerce Clause authority to support legislation mandating individual health insurance coverage, such an action would have to contend with recent Supreme Court precedent limiting unfettered use of Commerce Clause authority to police individual behaviour that does not constitute interstate commerce: United States v. Lopez, invalidating the application of the Gun Free School Zones Act of 1990 to individuals, and United States v. Morrison, invalidating certain portions of the Violence Against Women Act.

In the case of a mandate to purchase health insurance or face a tax or penalty, Congress would have to explain how not doing something – not buying insurance and not seeking health care services – implicated interstate commerce.(6) Therefore, it is clear that Congress is not empowered to regulate the choice not to buy healthcare, as it lacks constitutional authorisation to interfere in this aspect of individual Americans’ private lives.

A refusal to purchase healthcare insurance can have an effect on interstate commerce, because in shrinking the risk pool of insured the premiums would incrementally rise. In 2007, healthcare expenditures amounted to $2.2 trillion, or $7,421 a person, and accounted for 16.2% of the gross domestic product. These statistics leave no doubt that regulating health insurance is synonymous with regulating interstate commerce.(10)

Not engaging in economic transactions is a form of commercial behaviour that Congress can regulate. The Supreme Court held that Congress could require that hotels and restaurants provide services to African-Americans. Their refusal to engage in commerce still was deemed to be within the scope of Congress's commerce clause power.(10)

The likelihood is that everyone will require medical care at some point. An uninsured person in a car accident will be taken to the emergency room for treatment. An uninsured person with a communicable disease will be treated; indeed, it is necessary for the health and welfare of the general population to provide treatment to individuals suffering from infectious diseases. Congress can ensure that there is an adequate fund to pay for everyone's medical needs.

Ahmadinejad’s words were mistranslated, [1] and Iran’s position has been clarified by Supreme Leader Ali Khamenei, who has repeated Khomeini’s exhortation that Islam prohibits the use of nuclear weapons. [2]

On the Presidential side, Esfandiar Mashaei, formerly Vice President in Ahmadinejad’s first term and now Presidential Chief of staff, suggested in 2008 that Iran is a friend of all peoples including Israelis. [3]

Furthermore, Iran needs Israel to provide a bogeyman they can use to divide their anti-Iranian governments from their anti-Israeli people. Anti-Israel sentiment has allowed Iran to push anti-Persian sentiment in the Arab world to the backburner, something that would disappear along with Israel if Iran were to act on these ideas.

[1] Bronner, Ethan, ‘Just How Far Did They Go, Those Words Against Israel?’, The New York Times, 11 June 2006, http://www.nytimes.com/2006/06/11/weekinreview/11bronner.html?adxnnl=1&a...

[2] BBC News, ‘Iran leader Khamenei brands US ‘nuclear criminal’, 17 April 2010, http://news.bbc.co.uk/1/hi/8627143.stm

[3] Cohen, Dudi, ‘Iranian VP: We are friends of the nation in Israel’, ynetnews.com, 19 July 2008, http://www.ynetnews.com/articles/0,7340,L-3570266,00.html

Sharing procurement of nuclear weapons delivery systems makes simple sense through sharing the cost. The UK only contributed 5% of the original cost of trident but the UK systems are just as potent. This however does not mean that the UK weapons systems are not independent. Operationally the UK has complete control over its weapons. The USA cannot in any way prevent, veto or forbid the UK from using its own nuclear weapons. [1] It is independent in the way that matters.

[1] Directorate of Chemical, Biological, Radiological and Nuclear Policy, ‘Your freedom of information request about the UK Nuclear deterrent’, 19 July 2005.

It is wrong to be expanding the aid budget at a time of economic crisis when the government is dramatically failing to balance its books. The list of things that the Obama administration wants to do with aid are either things that are best left to the military and intelligence services such as combating terrorism and transnational crime, or are areas where the United States has no responsibility to be providing assistance such as global education and health. The reality is that there are not rising commitments for foreign aid; far from it. The number of people in absolute poverty (less than $1.25 per day) has declined from 1.91 billion in 1990 to 1.29 billion in 2008 despite a rapidly rising population. [1] Moreover it is not foreign aid that is bringing about this decline but trade and the resulting economic growth in developing countries. [2] It is therefore completely the wrong strategy to be increasing foreign aid to tackle these problems.

[1] ‘Poverty’, The World Bank, March 2012.

[2] Chandy, Laurence, and Gertz, Geoffrey, ‘With Little Notice, Globalization Reduced Poverty’, YaleGlobal, 5 July 2011.

EU membership is expendable. Being a member of the EU hurts the UK -- taxpayers contribute £8.3 billion a year, much of which goes to programs that don’t help the UK. 1 If it left the EU, the UK could keep that money to invest in its own economy. Furthermore, without the threat of the EU overruling, Parliament could pass bills that have the support of the British population but not the approval of the EU, like a ban on the rights of prisoners to vote. 2 The country could also negotiate better trade deals, as its economy is stronger than the EU average. Freedom from EU trade rules would also prevent farcical situations like EU residents being able to apply for London 2012 Olympics tickets despite their countries being allocated a proportion of tickets already. 3

1 DAILY MAIL COMMENT. March 14, 2011. “Europe and the case for a referendum.” The Daily Mail, accessed June 22, 2011.

2 CHAPMAN, JAMES. February 11, 2011. “Day we stood up to Europe” The Daily Mail. Accessed June 27, 2011.

3 Patrick Sawer, “Thousands of foreigners snap up Olympics tickets meant for Brits” accessed June 27, 2011

No doubt Daesh does have long term territorial plans, but in practice Daesh is currently stuck in Iraq and Syria unable to conquer either. Yes Daesh being territorial makes it very unusual for a terrorist organisation. However this also provides a fixed target to defeat, and that defeat can be on foreign soil.

Daesh has a long shot chance of tearing up the borders of the Middle East. However as these borders have long been criticised as illogical and contrived this would not necessarily undermine the state system in the Middle East, it may even benefit from more cohesive populations with national boundaries. [1]

[1] Trofimov, Yaroslav, ‘Would new borders mean less conflict in the Middle East?’, WSJ, 10 April 2015, http://www.wsj.com/articles/would-new-borders-mean-less-conflict-in-the-middle-east-1428680793

Many voters are making an active choice when they decide not to vote, they are either showing that they recognise how little impact their vote will have, or else that they do not believe that it is worth their while spending the time to vote. [1] Finally even if they are not making an active choice not to vote and don’t vote due to ignorance is that really a dereliction of their civic duty? Does it not show that politics, politicians, and parties have not done enough to engage with these voters and tell them why, when and where they can vote? It should be up to politicians to persuade us that they are worthy of our votes.

[1] Caryl, Christian, ‘In Praise of Apathy’, Foreign Policy, 24 October 2012

Each country should be free to decide which freedoms are important to it and fit with its own culture rather than having to fit into a western straitjacket in order to be considered ‘democratic’. It is true that press freedoms are a difficult issue but it is not the full story to simply point to the numbers of journalists in prison as the media can still be effective even when some journalists are imprisoned. The OSCE when looking at the 2011 elections said “The media landscape in Turkey is diverse and lively” for example all parties are able to purchase airtime under equal conditions. [1]

[1] Election Assessment Mission, ‘Republic of Turkey Parliamentary Elections 12 June 2011’, OSCE Office for Democratic Institutions and Human Rights, 31 October 2011, http://www.osce.org/odihr/84588 , pp.2, 19

Like all parties in a democracy the leadership of the party responds to the concerns of members. Millions of ordinary Americans have genuine concerns about the state of modern America particularly in relation to the encroachment of every day government into their lives and values and imposing the opinions of a small coastal elite onto communities that want nothing to do with them.

The Republican Party increasingly reflects the historical background of the country as well as a position that reflects the belief of most Americans; historically and culturally Christian and mistrustful of an over-mighty state. Although there are nuances between presidential candidates, those statements would be supported by all of them and they appear divided because they are in the middle of a primary campaign.

Although the prize has gained recognition in the Western world or ‘Global North’ to what extent is the prize, its reward, and meaning, known and understood by African citizens? If the prize is recognising African leadership citizens need to be aware of the prize in the first place - whether their country is up for nomination or not. Awareness is the only way the apparent transparency can hold power and become a reality. Citizens cannot demand change or hold the state to account when they are not aware of the index, the prize, and the so-called changes being made.

There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The individual mandate gives too much power to the Federal Government

The vertical separation of powers, under which the federal government possesses limited and enumerated powers, while the States wield general powers (including the right to operate their own police forces), is a key part of America's constitutional architecture. Far from being an 18th century affectation, these structural limitations on government powers were designed to protect individual liberty. In the Framers' view, limiting the ability of the federal government to exercise authority was core to ensuring that no single government entity would grow too powerful. This is because, under the Supremacy Clause, any constitutionally compliant federal legislation trumps exercises of individual state’s powers. Therefore, an infinitely capacious Commerce Clause (which would be produced if the mandating of healthcare were to be allowed) would rob States of any remaining authority.(8)

When any choice or non-action which has economic impacts becomes termed as “economic”, every aspect of consumer behaviour, or, for that matter, any aspect of individual behaviour, would become an economic activity, and thus nothing would fall outside of Congress' power to regulate under the commerce clause.(8)

The individual health insurance mandate would set dangerous precedents for federal power. The Congressional Budget Office acknowledged the unprecedented nature of an individual mandate when assessing the Clinton health care reform proposal of 1993: “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate has two features that, in combination, make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would have to be heavily regulated by the federal government."(2)

The 'commerce clause on steroids', as imagined by supporters of the healthcare mandate, would fundamentally warp America's constitutional architecture. Because every single decision by individual Americans, be it buying health insurance, cars, health club memberships or any other good or service, has some impact on the economy, it could be subject to regulation by Congress. Indeed, Congress would be able to dictate how individuals would dispose of every penny of whatever monies they have left after paying taxes, transforming Americans into virtual serfs.(8) For all these reasons the individual healthcare mandate would give too much power to the federal government, in ways which are antithetical to the Constitution as the Founders envisioned it and set it out (with restricted and separate powers), and so it should be deemed unconstitutional.

The healthcare insurance can be unprecedented but still be constitutional as Erwin Chemerinsky argues: “Anything that has never been done before is literally unprecedented, which means it lacks any precedent. So the question is, will the Supreme Court want to authorize this new extension of congressional power in light of the fact that it violates the first principles it affirmed in Lopez and Morrison? Or, to the contrary, will it want to take the opportunity reaffirm that these principles still apply, notwithstanding Raich, in a case with no further implications beyond the statute in question?”(10)

Regarding the argument that the healthcare mandate will allow Congress to regulate everything and everyone, such hyperbole and apocalyptic predictions are familiar in this area. In 1918, in Hammer v. Dagenhart, the Supreme Court declared unconstitutional a federal law that prohibited the shipment in interstate commerce of goods made by child labour. The Court concluded its opinion by declaring: "[I]f Congress can thus regulate matters entrusted to local authority by prohibition of the movement of commodities in interstate commerce, all freedom of commerce will be at an end, and the power of the states over local matters may be eliminated, and thus our system of government practically destroyed." For more than 70 years Congress has prohibited child labour and none of these dire predictions have come to pass. Nor would allowing Congress to mandate the purchase of health insurance mean that Congress could regulate who people invite to their homes for dinner or end our system of federalism.(10)

Ahmadinejad’s words were mistranslated, [1] and Iran’s position has been clarified by Supreme Leader Ali Khamenei, who has repeated Khomeini’s exhortation that Islam prohibits the use of nuclear weapons. [2]

On the Presidential side, Esfandiar Mashaei, formerly Vice President in Ahmadinejad’s first term and now Presidential Chief of staff, suggested in 2008 that Iran is a friend of all peoples including Israelis. [3]

Furthermore, Iran needs Israel to provide a bogeyman they can use to divide their anti-Iranian governments from their anti-Israeli people. Anti-Israel sentiment has allowed Iran to push anti-Persian sentiment in the Arab world to the backburner, something that would disappear along with Israel if Iran were to act on these ideas.

[1] Bronner, Ethan, ‘Just How Far Did They Go, Those Words Against Israel?’, The New York Times, 11 June 2006, http://www.nytimes.com/2006/06/11/weekinreview/11bronner.html?adxnnl=1&a...

[2] BBC News, ‘Iran leader Khamenei brands US ‘nuclear criminal’, 17 April 2010, http://news.bbc.co.uk/1/hi/8627143.stm

[3] Cohen, Dudi, ‘Iranian VP: We are friends of the nation in Israel’, ynetnews.com, 19 July 2008, http://www.ynetnews.com/articles/0,7340,L-3570266,00.html

Sharing procurement of nuclear weapons delivery systems makes simple sense through sharing the cost. The UK only contributed 5% of the original cost of trident but the UK systems are just as potent. This however does not mean that the UK weapons systems are not independent. Operationally the UK has complete control over its weapons. The USA cannot in any way prevent, veto or forbid the UK from using its own nuclear weapons. [1] It is independent in the way that matters.

[1] Directorate of Chemical, Biological, Radiological and Nuclear Policy, ‘Your freedom of information request about the UK Nuclear deterrent’, 19 July 2005.

It is wrong to be expanding the aid budget at a time of economic crisis when the government is dramatically failing to balance its books. The list of things that the Obama administration wants to do with aid are either things that are best left to the military and intelligence services such as combating terrorism and transnational crime, or are areas where the United States has no responsibility to be providing assistance such as global education and health. The reality is that there are not rising commitments for foreign aid; far from it. The number of people in absolute poverty (less than $1.25 per day) has declined from 1.91 billion in 1990 to 1.29 billion in 2008 despite a rapidly rising population. [1] Moreover it is not foreign aid that is bringing about this decline but trade and the resulting economic growth in developing countries. [2] It is therefore completely the wrong strategy to be increasing foreign aid to tackle these problems.

[1] ‘Poverty’, The World Bank, March 2012.

[2] Chandy, Laurence, and Gertz, Geoffrey, ‘With Little Notice, Globalization Reduced Poverty’, YaleGlobal, 5 July 2011.

EU membership is expendable. Being a member of the EU hurts the UK -- taxpayers contribute £8.3 billion a year, much of which goes to programs that don’t help the UK. 1 If it left the EU, the UK could keep that money to invest in its own economy. Furthermore, without the threat of the EU overruling, Parliament could pass bills that have the support of the British population but not the approval of the EU, like a ban on the rights of prisoners to vote. 2 The country could also negotiate better trade deals, as its economy is stronger than the EU average. Freedom from EU trade rules would also prevent farcical situations like EU residents being able to apply for London 2012 Olympics tickets despite their countries being allocated a proportion of tickets already. 3

1 DAILY MAIL COMMENT. March 14, 2011. “Europe and the case for a referendum.” The Daily Mail, accessed June 22, 2011.

2 CHAPMAN, JAMES. February 11, 2011. “Day we stood up to Europe” The Daily Mail. Accessed June 27, 2011.

3 Patrick Sawer, “Thousands of foreigners snap up Olympics tickets meant for Brits” accessed June 27, 2011

No doubt Daesh does have long term territorial plans, but in practice Daesh is currently stuck in Iraq and Syria unable to conquer either. Yes Daesh being territorial makes it very unusual for a terrorist organisation. However this also provides a fixed target to defeat, and that defeat can be on foreign soil.

Daesh has a long shot chance of tearing up the borders of the Middle East. However as these borders have long been criticised as illogical and contrived this would not necessarily undermine the state system in the Middle East, it may even benefit from more cohesive populations with national boundaries. [1]

[1] Trofimov, Yaroslav, ‘Would new borders mean less conflict in the Middle East?’, WSJ, 10 April 2015, http://www.wsj.com/articles/would-new-borders-mean-less-conflict-in-the-middle-east-1428680793

Many voters are making an active choice when they decide not to vote, they are either showing that they recognise how little impact their vote will have, or else that they do not believe that it is worth their while spending the time to vote. [1] Finally even if they are not making an active choice not to vote and don’t vote due to ignorance is that really a dereliction of their civic duty? Does it not show that politics, politicians, and parties have not done enough to engage with these voters and tell them why, when and where they can vote? It should be up to politicians to persuade us that they are worthy of our votes.

[1] Caryl, Christian, ‘In Praise of Apathy’, Foreign Policy, 24 October 2012

Each country should be free to decide which freedoms are important to it and fit with its own culture rather than having to fit into a western straitjacket in order to be considered ‘democratic’. It is true that press freedoms are a difficult issue but it is not the full story to simply point to the numbers of journalists in prison as the media can still be effective even when some journalists are imprisoned. The OSCE when looking at the 2011 elections said “The media landscape in Turkey is diverse and lively” for example all parties are able to purchase airtime under equal conditions. [1]

[1] Election Assessment Mission, ‘Republic of Turkey Parliamentary Elections 12 June 2011’, OSCE Office for Democratic Institutions and Human Rights, 31 October 2011, http://www.osce.org/odihr/84588 , pp.2, 19

Like all parties in a democracy the leadership of the party responds to the concerns of members. Millions of ordinary Americans have genuine concerns about the state of modern America particularly in relation to the encroachment of every day government into their lives and values and imposing the opinions of a small coastal elite onto communities that want nothing to do with them.

The Republican Party increasingly reflects the historical background of the country as well as a position that reflects the belief of most Americans; historically and culturally Christian and mistrustful of an over-mighty state. Although there are nuances between presidential candidates, those statements would be supported by all of them and they appear divided because they are in the middle of a primary campaign.

Although the prize has gained recognition in the Western world or ‘Global North’ to what extent is the prize, its reward, and meaning, known and understood by African citizens? If the prize is recognising African leadership citizens need to be aware of the prize in the first place - whether their country is up for nomination or not. Awareness is the only way the apparent transparency can hold power and become a reality. Citizens cannot demand change or hold the state to account when they are not aware of the index, the prize, and the so-called changes being made.

There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Penalizing a non-act is unconstitutional

It is unconstitutional to require individuals to buy private insurance, and penalize them for not doing so (that is, penalizing their non-act, their omission to purchase insurance). As David B. Rivkin Jr. and Lee A. Casey argue: “… Can Congress require every American to buy health insurance? In short, no. The Constitution assigns only limited, enumerated powers to Congress and none, including the power to regulate interstate commerce or to impose taxes, would support a federal mandate requiring anyone who is otherwise without health insurance to buy it.”(1)

The Congressional Budget Office believes “a mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”(2) An individual mandate would have two features that, in combination, would make it unique. First, it imposes a duty on individuals due to them being members of society. Second, it requires the purchase of a specific service on pain of tax penalties if that product is not purchased. (2)

As noted by Sen. John Ensign, a Nevada Republican: "Anything we have ever done, somebody actually had to have an action before we could tax or regulate it."(3) As Robert A. Levy and Michael F. Cannon of the CATO Institute argue: “Congress' attempt to punish a non-act that harms no one is an intolerable affront to the Constitution, liberty, and personal autonomy. That shameful fact cannot be altered by calling it health-care reform.”(4) The individual healthcare insurance mandate would, for the first time, mean the government setting uo a monopoly or a cartel with which every citizen of the US would be compelled- by a statutory power- to do business. This destroys any pretence of individual market freedom, individuals would be required to contribute money out of each and every pay check they earned to either a government entity which would be staffed and/or controlled by political appointees or to a cartel made up of companies that would owe their continued existence on the cartel list to the acquiescence of political overseers. Either way, the reduction in individual autonomy and freedom over health care choices would be dramatically decreased and inevitably politicized. This has obvious worrying possibilities for corruption, the party in power would favour those who donate to the party.(5)

Enforcing the mandate may also intrude on Constitutional rights. Sherry Glied, Ph.D., Assistant Secretary for Planning and Evaluation at the U.S. Department of Health and Human Services has warned, “[d]eveloping a system to promptly identify and penalize scofflaws [people who flout the law] will take effort and ingenuity, particularly in our diverse and mobile country. It may require a degree of intrusiveness and bureaucracy that some will find unpalatable.”(6)This is likely to mean much more intrusive inspection, for example hospitals having to report to the government patients they have who don’t have health insursnce..(6) This is why a majority of the states, and numerous organizations and individual persons, have filed actions in federal court challenging the constitutionality of the individual mandate, and several courts have already struck it down on constitutional grounds.(7)

For all these reasons it is clear that for Congress to try to penalize a non-act is an unprecedented and unconstitutional power grab, and so the individual mandate is unconstitutional.

The federal government mandates positive activities all the time, and this is why several courts have also upheld the constitutionality of the individual mandate.(7)

Regarding the charge that the individual mandate penalizes a 'non-action', Stephanie Cutter, an adviser to President Barack Obama, has argued: "Individuals who choose to go without health insurance are making an economic decision that affects all of us—when people without insurance obtain health care they cannot pay for, those with insurance and taxpayers are often left to pick up the tab."(7) Thus these people are not engaging in a 'non-action' but rather in an economic choice which has negative implications for other Americans, something Congress has the constitutional power to regulate under the commerce clause and the constitution's provision that Congress should promote the general welfare.

Ahmadinejad’s words were mistranslated, [1] and Iran’s position has been clarified by Supreme Leader Ali Khamenei, who has repeated Khomeini’s exhortation that Islam prohibits the use of nuclear weapons. [2]

On the Presidential side, Esfandiar Mashaei, formerly Vice President in Ahmadinejad’s first term and now Presidential Chief of staff, suggested in 2008 that Iran is a friend of all peoples including Israelis. [3]

Furthermore, Iran needs Israel to provide a bogeyman they can use to divide their anti-Iranian governments from their anti-Israeli people. Anti-Israel sentiment has allowed Iran to push anti-Persian sentiment in the Arab world to the backburner, something that would disappear along with Israel if Iran were to act on these ideas.

[1] Bronner, Ethan, ‘Just How Far Did They Go, Those Words Against Israel?’, The New York Times, 11 June 2006, http://www.nytimes.com/2006/06/11/weekinreview/11bronner.html?adxnnl=1&a...

[2] BBC News, ‘Iran leader Khamenei brands US ‘nuclear criminal’, 17 April 2010, http://news.bbc.co.uk/1/hi/8627143.stm

[3] Cohen, Dudi, ‘Iranian VP: We are friends of the nation in Israel’, ynetnews.com, 19 July 2008, http://www.ynetnews.com/articles/0,7340,L-3570266,00.html

Sharing procurement of nuclear weapons delivery systems makes simple sense through sharing the cost. The UK only contributed 5% of the original cost of trident but the UK systems are just as potent. This however does not mean that the UK weapons systems are not independent. Operationally the UK has complete control over its weapons. The USA cannot in any way prevent, veto or forbid the UK from using its own nuclear weapons. [1] It is independent in the way that matters.

[1] Directorate of Chemical, Biological, Radiological and Nuclear Policy, ‘Your freedom of information request about the UK Nuclear deterrent’, 19 July 2005.

It is wrong to be expanding the aid budget at a time of economic crisis when the government is dramatically failing to balance its books. The list of things that the Obama administration wants to do with aid are either things that are best left to the military and intelligence services such as combating terrorism and transnational crime, or are areas where the United States has no responsibility to be providing assistance such as global education and health. The reality is that there are not rising commitments for foreign aid; far from it. The number of people in absolute poverty (less than $1.25 per day) has declined from 1.91 billion in 1990 to 1.29 billion in 2008 despite a rapidly rising population. [1] Moreover it is not foreign aid that is bringing about this decline but trade and the resulting economic growth in developing countries. [2] It is therefore completely the wrong strategy to be increasing foreign aid to tackle these problems.

[1] ‘Poverty’, The World Bank, March 2012.

[2] Chandy, Laurence, and Gertz, Geoffrey, ‘With Little Notice, Globalization Reduced Poverty’, YaleGlobal, 5 July 2011.

EU membership is expendable. Being a member of the EU hurts the UK -- taxpayers contribute £8.3 billion a year, much of which goes to programs that don’t help the UK. 1 If it left the EU, the UK could keep that money to invest in its own economy. Furthermore, without the threat of the EU overruling, Parliament could pass bills that have the support of the British population but not the approval of the EU, like a ban on the rights of prisoners to vote. 2 The country could also negotiate better trade deals, as its economy is stronger than the EU average. Freedom from EU trade rules would also prevent farcical situations like EU residents being able to apply for London 2012 Olympics tickets despite their countries being allocated a proportion of tickets already. 3

1 DAILY MAIL COMMENT. March 14, 2011. “Europe and the case for a referendum.” The Daily Mail, accessed June 22, 2011.

2 CHAPMAN, JAMES. February 11, 2011. “Day we stood up to Europe” The Daily Mail. Accessed June 27, 2011.

3 Patrick Sawer, “Thousands of foreigners snap up Olympics tickets meant for Brits” accessed June 27, 2011

No doubt Daesh does have long term territorial plans, but in practice Daesh is currently stuck in Iraq and Syria unable to conquer either. Yes Daesh being territorial makes it very unusual for a terrorist organisation. However this also provides a fixed target to defeat, and that defeat can be on foreign soil.

Daesh has a long shot chance of tearing up the borders of the Middle East. However as these borders have long been criticised as illogical and contrived this would not necessarily undermine the state system in the Middle East, it may even benefit from more cohesive populations with national boundaries. [1]

[1] Trofimov, Yaroslav, ‘Would new borders mean less conflict in the Middle East?’, WSJ, 10 April 2015, http://www.wsj.com/articles/would-new-borders-mean-less-conflict-in-the-middle-east-1428680793

Many voters are making an active choice when they decide not to vote, they are either showing that they recognise how little impact their vote will have, or else that they do not believe that it is worth their while spending the time to vote. [1] Finally even if they are not making an active choice not to vote and don’t vote due to ignorance is that really a dereliction of their civic duty? Does it not show that politics, politicians, and parties have not done enough to engage with these voters and tell them why, when and where they can vote? It should be up to politicians to persuade us that they are worthy of our votes.

[1] Caryl, Christian, ‘In Praise of Apathy’, Foreign Policy, 24 October 2012

Each country should be free to decide which freedoms are important to it and fit with its own culture rather than having to fit into a western straitjacket in order to be considered ‘democratic’. It is true that press freedoms are a difficult issue but it is not the full story to simply point to the numbers of journalists in prison as the media can still be effective even when some journalists are imprisoned. The OSCE when looking at the 2011 elections said “The media landscape in Turkey is diverse and lively” for example all parties are able to purchase airtime under equal conditions. [1]

[1] Election Assessment Mission, ‘Republic of Turkey Parliamentary Elections 12 June 2011’, OSCE Office for Democratic Institutions and Human Rights, 31 October 2011, http://www.osce.org/odihr/84588 , pp.2, 19

Like all parties in a democracy the leadership of the party responds to the concerns of members. Millions of ordinary Americans have genuine concerns about the state of modern America particularly in relation to the encroachment of every day government into their lives and values and imposing the opinions of a small coastal elite onto communities that want nothing to do with them.

The Republican Party increasingly reflects the historical background of the country as well as a position that reflects the belief of most Americans; historically and culturally Christian and mistrustful of an over-mighty state. Although there are nuances between presidential candidates, those statements would be supported by all of them and they appear divided because they are in the middle of a primary campaign.

Although the prize has gained recognition in the Western world or ‘Global North’ to what extent is the prize, its reward, and meaning, known and understood by African citizens? If the prize is recognising African leadership citizens need to be aware of the prize in the first place - whether their country is up for nomination or not. Awareness is the only way the apparent transparency can hold power and become a reality. Citizens cannot demand change or hold the state to account when they are not aware of the index, the prize, and the so-called changes being made.

There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The mandate is constitutional under the commerce clause

Congress has ample power and precedent through the Constitution’s “Commerce Clause” to regulate just about any aspect of the national economy.

Health insurance is quintessentially an economic good. The only possible objection is that mandating its purchase is not the same as “regulating” its purchase, but a mandate is just a stronger form of regulation. Where a Congressional power exists, nothing in law says that ”strong” and potentially more intrusive forms of action are less supported than weaker ones.(11)

Critics of an individual mandate cite recent Supreme Court cases in which the Court has limited the commerce clause’s power. However, those cases (Lopez and Morrison) involved regulation of non-economic activity. The individual mandate regulates the relationship between sellers and buyers of health care insurance. Moreover, the Court was concerned in Lopez and Morrison with efforts by Congress to intrude into areas that are properly regulated by state governments and thereby to upset the balance of power between the federal and state governments. By contrast, congressional regulation of the health care industry does not violate state prerogatives.

To be sure, much regulation of insurance occurs at the state level, but that is because Congress has chosen by statute to defer to state regulation. The Constitution does not prevent Congress from revoking its statutory grants to state governments.(12) Those who argue that this is unconstitutional maintain that those not purchasing health insurance, by definition, are not part of interstate commerce. There are numerous flaws with this argument.

First, Congress can regulate activities that themselves are not part of interstate commerce if they have a substantial effect on interstate commerce. For example, in Wickard v. Filburn, the Supreme Court held that Congress could regulate wheat that farmers grew for their own home consumption. More recently in Gonzales v. Raich, the Court ruled that Congress could prohibit cultivating and possessing small amounts of marijuana for personal medicinal use. Even though the individuals were not personally engaged in commerce, the matter still fit within the commerce power.(10)

Second, the decision to abstain from particular economic transactions is a form of commercial behaviour that Congress can regulate. The Supreme Court held that Congress could require that hotels and restaurants provide services to African-Americans. Their refusal to engage in commerce still was deemed to be within the scope of Congress's commerce clause power.(10) This is made more significant by the fact that the decision to remain uninsured can affect commerce- both within and between states- by raising health insurance premiums. This is because insurance premiums tend to rise in response to reductions in the size of the pool of individuals to whom financial risk can be distributed.(14)

Citizens who forego health insurance are forcing other Americans to cover their costs if they are sent to hospital for emergency treatment. They are also forcing others to pay higher insurance rates, now that insurance companies can no longer legally exclude those with pre-existing conditions.(15)

Third, the likelihood is that everyone will require medical care at some point. An uninsured person in a car accident will be taken to the emergency room for treatment. An uninsured person with a communicable disease will be treated. Congress can ensure that there is an adequate fund to pay for everyone's medical needs. In other words, the health care system is part of interstate commerce. Providing care for all unquestionably has a substantial economic effect. Congress, then, can use its authority under the necessary and proper clause to make sure that the system that it is creating is viable and capable of providing health care for all.(10)

Therefore the individual healthcare mandate is constitutional because it is authorized under the commerce clause of the constitution.

These arguments overlook the existence of two major cases – United States v. Lopez and United States v. Morrison – in which the Supreme Court has specifically rejected the notion that Congress can regulate non-commercial behaviour merely because, arguably, such behaviour can have an impact on Commerce. The Court's overarching reason for doing so was its compellingly articulated belief that the Commerce Clause is a limited grant of power and one that cannot be infinitely capacious. This reasoning is unassailable, and demonstrated that the individual mandate is not a reasonable application of the commerce clause.(8) Rather, this interpretation of the commerce clause could potentially America's constitutional structure. Every single decision made by individual Americans, be it buying health insurance, a car, health club memberships or any other good or service, has some impact on the economy. Such decisions could therefore be subject to regulation by Congress. Indeed, Congress would be able to determine how individuals would dispose of every penny of whatever monies they have left after paying taxes.

Meanwhile, the Supremacy Clause- which ensures that any constitutional federal legislation trumps exercises of state power- would all but guarantee that an infinitely capacious Commerce Clause would rob States of any remaining authority. This point was ably articulated by Justice Kennedy in his concurring opinion in Lopez.(8) Accordingly, there is a great deal at stake here. No matter how important the cause of health care reform might be, it is not consequential enough to destroy the very sinews of America’s constitutional system.

Ahmadinejad’s words were mistranslated, [1] and Iran’s position has been clarified by Supreme Leader Ali Khamenei, who has repeated Khomeini’s exhortation that Islam prohibits the use of nuclear weapons. [2]

On the Presidential side, Esfandiar Mashaei, formerly Vice President in Ahmadinejad’s first term and now Presidential Chief of staff, suggested in 2008 that Iran is a friend of all peoples including Israelis. [3]

Furthermore, Iran needs Israel to provide a bogeyman they can use to divide their anti-Iranian governments from their anti-Israeli people. Anti-Israel sentiment has allowed Iran to push anti-Persian sentiment in the Arab world to the backburner, something that would disappear along with Israel if Iran were to act on these ideas.

[1] Bronner, Ethan, ‘Just How Far Did They Go, Those Words Against Israel?’, The New York Times, 11 June 2006, http://www.nytimes.com/2006/06/11/weekinreview/11bronner.html?adxnnl=1&a...

[2] BBC News, ‘Iran leader Khamenei brands US ‘nuclear criminal’, 17 April 2010, http://news.bbc.co.uk/1/hi/8627143.stm

[3] Cohen, Dudi, ‘Iranian VP: We are friends of the nation in Israel’, ynetnews.com, 19 July 2008, http://www.ynetnews.com/articles/0,7340,L-3570266,00.html

Sharing procurement of nuclear weapons delivery systems makes simple sense through sharing the cost. The UK only contributed 5% of the original cost of trident but the UK systems are just as potent. This however does not mean that the UK weapons systems are not independent. Operationally the UK has complete control over its weapons. The USA cannot in any way prevent, veto or forbid the UK from using its own nuclear weapons. [1] It is independent in the way that matters.

[1] Directorate of Chemical, Biological, Radiological and Nuclear Policy, ‘Your freedom of information request about the UK Nuclear deterrent’, 19 July 2005.

It is wrong to be expanding the aid budget at a time of economic crisis when the government is dramatically failing to balance its books. The list of things that the Obama administration wants to do with aid are either things that are best left to the military and intelligence services such as combating terrorism and transnational crime, or are areas where the United States has no responsibility to be providing assistance such as global education and health. The reality is that there are not rising commitments for foreign aid; far from it. The number of people in absolute poverty (less than $1.25 per day) has declined from 1.91 billion in 1990 to 1.29 billion in 2008 despite a rapidly rising population. [1] Moreover it is not foreign aid that is bringing about this decline but trade and the resulting economic growth in developing countries. [2] It is therefore completely the wrong strategy to be increasing foreign aid to tackle these problems.

[1] ‘Poverty’, The World Bank, March 2012.

[2] Chandy, Laurence, and Gertz, Geoffrey, ‘With Little Notice, Globalization Reduced Poverty’, YaleGlobal, 5 July 2011.

EU membership is expendable. Being a member of the EU hurts the UK -- taxpayers contribute £8.3 billion a year, much of which goes to programs that don’t help the UK. 1 If it left the EU, the UK could keep that money to invest in its own economy. Furthermore, without the threat of the EU overruling, Parliament could pass bills that have the support of the British population but not the approval of the EU, like a ban on the rights of prisoners to vote. 2 The country could also negotiate better trade deals, as its economy is stronger than the EU average. Freedom from EU trade rules would also prevent farcical situations like EU residents being able to apply for London 2012 Olympics tickets despite their countries being allocated a proportion of tickets already. 3

1 DAILY MAIL COMMENT. March 14, 2011. “Europe and the case for a referendum.” The Daily Mail, accessed June 22, 2011.

2 CHAPMAN, JAMES. February 11, 2011. “Day we stood up to Europe” The Daily Mail. Accessed June 27, 2011.

3 Patrick Sawer, “Thousands of foreigners snap up Olympics tickets meant for Brits” accessed June 27, 2011

No doubt Daesh does have long term territorial plans, but in practice Daesh is currently stuck in Iraq and Syria unable to conquer either. Yes Daesh being territorial makes it very unusual for a terrorist organisation. However this also provides a fixed target to defeat, and that defeat can be on foreign soil.

Daesh has a long shot chance of tearing up the borders of the Middle East. However as these borders have long been criticised as illogical and contrived this would not necessarily undermine the state system in the Middle East, it may even benefit from more cohesive populations with national boundaries. [1]

[1] Trofimov, Yaroslav, ‘Would new borders mean less conflict in the Middle East?’, WSJ, 10 April 2015, http://www.wsj.com/articles/would-new-borders-mean-less-conflict-in-the-middle-east-1428680793

Many voters are making an active choice when they decide not to vote, they are either showing that they recognise how little impact their vote will have, or else that they do not believe that it is worth their while spending the time to vote. [1] Finally even if they are not making an active choice not to vote and don’t vote due to ignorance is that really a dereliction of their civic duty? Does it not show that politics, politicians, and parties have not done enough to engage with these voters and tell them why, when and where they can vote? It should be up to politicians to persuade us that they are worthy of our votes.

[1] Caryl, Christian, ‘In Praise of Apathy’, Foreign Policy, 24 October 2012

Each country should be free to decide which freedoms are important to it and fit with its own culture rather than having to fit into a western straitjacket in order to be considered ‘democratic’. It is true that press freedoms are a difficult issue but it is not the full story to simply point to the numbers of journalists in prison as the media can still be effective even when some journalists are imprisoned. The OSCE when looking at the 2011 elections said “The media landscape in Turkey is diverse and lively” for example all parties are able to purchase airtime under equal conditions. [1]

[1] Election Assessment Mission, ‘Republic of Turkey Parliamentary Elections 12 June 2011’, OSCE Office for Democratic Institutions and Human Rights, 31 October 2011, http://www.osce.org/odihr/84588 , pp.2, 19

Like all parties in a democracy the leadership of the party responds to the concerns of members. Millions of ordinary Americans have genuine concerns about the state of modern America particularly in relation to the encroachment of every day government into their lives and values and imposing the opinions of a small coastal elite onto communities that want nothing to do with them.

The Republican Party increasingly reflects the historical background of the country as well as a position that reflects the belief of most Americans; historically and culturally Christian and mistrustful of an over-mighty state. Although there are nuances between presidential candidates, those statements would be supported by all of them and they appear divided because they are in the middle of a primary campaign.

Although the prize has gained recognition in the Western world or ‘Global North’ to what extent is the prize, its reward, and meaning, known and understood by African citizens? If the prize is recognising African leadership citizens need to be aware of the prize in the first place - whether their country is up for nomination or not. Awareness is the only way the apparent transparency can hold power and become a reality. Citizens cannot demand change or hold the state to account when they are not aware of the index, the prize, and the so-called changes being made.

There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The mandate falls under taxation and general welfare powers

An insurance mandate would be enforced through income tax laws, so even if a simple mandate were not a valid 'regulation,' it still could fall easily within Congress’s plenary power to tax income. For instance, anyone purchasing insurance could be given an income tax credit, and those not purchasing could be assessed an income tax penalty.

The only possible constitutional restriction is an archaic provision saying that if Congress imposes anything that amounts to a 'head tax' or 'poll tax' (that is, taxing people simply as people rather than taxing their income), then it must do so uniformly (that is, the same amount per person). This technical restriction is easily avoided by using income tax laws.

Purists complain that taxes should be proportional to actual income and should not be used mainly to regulate economic behaviour, but our tax code, for better or worse, is riddled with such regulatory provisions and so they are clearly constitutional. (11) In many ways, the 'mandate' could be considered a tax, but a tax which people would not have to pay if they purchased health insurance. The House bill imposes a tax of 2.5% on adjusted gross income if a taxpayer is not part of a qualified health insurance program. The Senate bill imposes what is called an “excise tax”, a tax on transactions or events, or a “penalty tax”, a tax for failing to do something (e.g., filing your tax return promptly). The tax is levied for each month that an individual fails to pay premiums into a qualified health plan. Taxing uninsured people helps to pay for the costs of the new regulations. The tax gives uninsured people a choice. If they stay out of the risk pool, they effectively raise other people’s insurance costs, and Congress taxes them to recoup some of the costs. If they join the risk pool, they do not have to pay the tax. A good analogy would be a tax on polluters who fail to install pollution-control equipment: they can pay the tax or install the equipment.(17)

Health insurance mandates incentivize behaviour like many other laws. At one time, the Supreme Court restricted the ability of Congress to use its taxing power to regulate people's activities. In the early part of the 20th Century, the Court drew a distinction between taxes designed to raise revenue, which were permissible, and taxes designed to regulate behaviour, which might not be permissible. However, this distinction was jettisoned by 1937, and the taxing power is now recognized as a broad congressional power.(12) Moreover, Congress has the power to make laws which promote the general welfare. As Democratic House Majority Leader Steny Hoyer argued in November of 2009: “Well, in promoting the general welfare the Constitution obviously gives broad authority to Congress to effect that end. The end that we're trying to effect is to make health care affordable, so I think clearly this is within our constitutional responsibility." The words "general Welfare" show up in the first line of Article I, Section 8 of the US Constitution: "The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.”(12)

The power to promote the general welfare becomes crucial when it is considered that it is impossible to create a national health insurance system and help the current 30 million uninsured is to mandate everyone to buy health insurance. You cannot have universal health insurance without a mandate. Every country in the world that has a universal health-insurance system either requires its citizens to buy health insurance, or includes its citizens in a default insurance programme automatically and taxes them for it (which is effectively the same thing). The reasons for this are simple, and have been covered hundreds of times since the current debate over universal health insurance began during the Democratic presidential primaries in late 2007. If citizens within a state are not obliged to participate in a healthcare scheme (whether privately of publicly organised), then many young and healthy people will bet on not needing insurance, and will decline to buy it. Such behaviour will alter the composition of the risk pool, such that it is made up of older, sicker people with higher medical costs, and thus premiums will rise. That in turn will cause more healthy people to leave the system. This is the phenomenon of "adverse selection". Ultimately you're left only with rich old sick people, and nobody else can afford insurance. This is known- somewhat histrionically- as an “insurance death spiral”.

States that wish to pursue the goal of creating an affordable, universally available system of healthcare, must ensure that the majority of their citizens buy into such a scheme.(13) Because there is a compelling benefit to the "general welfare" in instituting a national welfare program, the federal government may rely on Constitutional authority to impose a health insurance mandate. If the States were left to do this, with some instituting a mandate and some not, many would be left uninsured and the risk pool would not be adequately spread. The difference in benefits to the country clearly justifies federal action to create this individual mandate under the Constitution.

Insurance mandates are not a tax and therefore are outside of constitutional powers. Randy Barnett, a Georgetown University law professor, claims that health insurance mandates are not a tax, and therefore falls outside congressional power. “You're fining people for failing to enter a private insurance contract.”(3)

Moreover, as Peter Urbanowicz and Dennis G. Smith argue: “the question of whether the compelled purchase of health insurance constitutes the 'taking' of private property under the Fifth Amendment. Given the novel nature of the individual health insurance mandate, a Fifth Amendment challenge can be expected. Requiring a citizen to devote a per-cent of his or her income for a purpose for which he or she otherwise might not choose based on individual circumstances could be considered an arbitrary and capricious “taking” no matter how many hardship exemptions the federal government might dispense.”(6)

Regarding the “general welfare” arguments adduced by side opposition: The words 'general Welfare' show up in the first line of Article I, Section 8: 'The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States'. Significantly, Notice the Constitution does not say the 'general welfare of the citizens of the United States.' It says "general Welfare of the United States.' This clause only gives the Congress the power to raise money to defend the country and pay for the day-to-day operations of the government. It says nothing at all about building bridges to nowhere, or paving bike paths, or spending money on any other kind of pork barrel project, including health care.(13)

Ahmadinejad’s words were mistranslated, [1] and Iran’s position has been clarified by Supreme Leader Ali Khamenei, who has repeated Khomeini’s exhortation that Islam prohibits the use of nuclear weapons. [2]

On the Presidential side, Esfandiar Mashaei, formerly Vice President in Ahmadinejad’s first term and now Presidential Chief of staff, suggested in 2008 that Iran is a friend of all peoples including Israelis. [3]

Furthermore, Iran needs Israel to provide a bogeyman they can use to divide their anti-Iranian governments from their anti-Israeli people. Anti-Israel sentiment has allowed Iran to push anti-Persian sentiment in the Arab world to the backburner, something that would disappear along with Israel if Iran were to act on these ideas.

[1] Bronner, Ethan, ‘Just How Far Did They Go, Those Words Against Israel?’, The New York Times, 11 June 2006, http://www.nytimes.com/2006/06/11/weekinreview/11bronner.html?adxnnl=1&a...

[2] BBC News, ‘Iran leader Khamenei brands US ‘nuclear criminal’, 17 April 2010, http://news.bbc.co.uk/1/hi/8627143.stm

[3] Cohen, Dudi, ‘Iranian VP: We are friends of the nation in Israel’, ynetnews.com, 19 July 2008, http://www.ynetnews.com/articles/0,7340,L-3570266,00.html

Sharing procurement of nuclear weapons delivery systems makes simple sense through sharing the cost. The UK only contributed 5% of the original cost of trident but the UK systems are just as potent. This however does not mean that the UK weapons systems are not independent. Operationally the UK has complete control over its weapons. The USA cannot in any way prevent, veto or forbid the UK from using its own nuclear weapons. [1] It is independent in the way that matters.

[1] Directorate of Chemical, Biological, Radiological and Nuclear Policy, ‘Your freedom of information request about the UK Nuclear deterrent’, 19 July 2005.

It is wrong to be expanding the aid budget at a time of economic crisis when the government is dramatically failing to balance its books. The list of things that the Obama administration wants to do with aid are either things that are best left to the military and intelligence services such as combating terrorism and transnational crime, or are areas where the United States has no responsibility to be providing assistance such as global education and health. The reality is that there are not rising commitments for foreign aid; far from it. The number of people in absolute poverty (less than $1.25 per day) has declined from 1.91 billion in 1990 to 1.29 billion in 2008 despite a rapidly rising population. [1] Moreover it is not foreign aid that is bringing about this decline but trade and the resulting economic growth in developing countries. [2] It is therefore completely the wrong strategy to be increasing foreign aid to tackle these problems.

[1] ‘Poverty’, The World Bank, March 2012.

[2] Chandy, Laurence, and Gertz, Geoffrey, ‘With Little Notice, Globalization Reduced Poverty’, YaleGlobal, 5 July 2011.

EU membership is expendable. Being a member of the EU hurts the UK -- taxpayers contribute £8.3 billion a year, much of which goes to programs that don’t help the UK. 1 If it left the EU, the UK could keep that money to invest in its own economy. Furthermore, without the threat of the EU overruling, Parliament could pass bills that have the support of the British population but not the approval of the EU, like a ban on the rights of prisoners to vote. 2 The country could also negotiate better trade deals, as its economy is stronger than the EU average. Freedom from EU trade rules would also prevent farcical situations like EU residents being able to apply for London 2012 Olympics tickets despite their countries being allocated a proportion of tickets already. 3

1 DAILY MAIL COMMENT. March 14, 2011. “Europe and the case for a referendum.” The Daily Mail, accessed June 22, 2011.

2 CHAPMAN, JAMES. February 11, 2011. “Day we stood up to Europe” The Daily Mail. Accessed June 27, 2011.

3 Patrick Sawer, “Thousands of foreigners snap up Olympics tickets meant for Brits” accessed June 27, 2011

No doubt Daesh does have long term territorial plans, but in practice Daesh is currently stuck in Iraq and Syria unable to conquer either. Yes Daesh being territorial makes it very unusual for a terrorist organisation. However this also provides a fixed target to defeat, and that defeat can be on foreign soil.

Daesh has a long shot chance of tearing up the borders of the Middle East. However as these borders have long been criticised as illogical and contrived this would not necessarily undermine the state system in the Middle East, it may even benefit from more cohesive populations with national boundaries. [1]

[1] Trofimov, Yaroslav, ‘Would new borders mean less conflict in the Middle East?’, WSJ, 10 April 2015, http://www.wsj.com/articles/would-new-borders-mean-less-conflict-in-the-middle-east-1428680793

Many voters are making an active choice when they decide not to vote, they are either showing that they recognise how little impact their vote will have, or else that they do not believe that it is worth their while spending the time to vote. [1] Finally even if they are not making an active choice not to vote and don’t vote due to ignorance is that really a dereliction of their civic duty? Does it not show that politics, politicians, and parties have not done enough to engage with these voters and tell them why, when and where they can vote? It should be up to politicians to persuade us that they are worthy of our votes.

[1] Caryl, Christian, ‘In Praise of Apathy’, Foreign Policy, 24 October 2012

Each country should be free to decide which freedoms are important to it and fit with its own culture rather than having to fit into a western straitjacket in order to be considered ‘democratic’. It is true that press freedoms are a difficult issue but it is not the full story to simply point to the numbers of journalists in prison as the media can still be effective even when some journalists are imprisoned. The OSCE when looking at the 2011 elections said “The media landscape in Turkey is diverse and lively” for example all parties are able to purchase airtime under equal conditions. [1]

[1] Election Assessment Mission, ‘Republic of Turkey Parliamentary Elections 12 June 2011’, OSCE Office for Democratic Institutions and Human Rights, 31 October 2011, http://www.osce.org/odihr/84588 , pp.2, 19

Like all parties in a democracy the leadership of the party responds to the concerns of members. Millions of ordinary Americans have genuine concerns about the state of modern America particularly in relation to the encroachment of every day government into their lives and values and imposing the opinions of a small coastal elite onto communities that want nothing to do with them.

The Republican Party increasingly reflects the historical background of the country as well as a position that reflects the belief of most Americans; historically and culturally Christian and mistrustful of an over-mighty state. Although there are nuances between presidential candidates, those statements would be supported by all of them and they appear divided because they are in the middle of a primary campaign.

Although the prize has gained recognition in the Western world or ‘Global North’ to what extent is the prize, its reward, and meaning, known and understood by African citizens? If the prize is recognising African leadership citizens need to be aware of the prize in the first place - whether their country is up for nomination or not. Awareness is the only way the apparent transparency can hold power and become a reality. Citizens cannot demand change or hold the state to account when they are not aware of the index, the prize, and the so-called changes being made.

There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism.

Instruction: Given a claim, retrieve documents that refute the claim