A senior associate at your law firm knocks on your door and asks, So, what do you know about the new federal law requiring everyone to purchase health care insurance? You reply Not much. The senior associate continues:
Our firm has been asked, as part of a larger project for a new client, to research and prepare a memorandum of law to evaluate whether the federal statute requiring individuals to purchase and maintain health care insurance is constitutional. I would like you to research and write a memorandum to examine whether Congress has the power under the Commerce Clause to enact the law requiring the individual mandate.
Your memorandum should be no more than 4 pages. Your memorandum should explain and describe both sides of the legal issues presented in analyzing whether or not Congress has the power under the Commerce Clause to pass such legislation, including theories of Congress power under the Commerce Clause based on the sources available to you, namely, the court decisions assigned for reading.
Your memorandum should reflect an understanding of legal reasoning and applicable legal authority discussed in class. When referencing sources, you may do so informally. You should include examples from the cases discussed in class in order to make your argument more compelling.
Your legal memorandum will be evaluated on the criteria set forth in the Course Syllabus at pages 6-7, namely, Structure/Format, Clarity, Legal Reasoning, Argument, and Creativity.
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