Where in the Constitution is the Commerce Clause?
Commerce Clause
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Questions over the range and applicability of the Commerce Clause have arisen in debate over the constitutionality of the Patient Protection and Affordable Care Act ("PPACA"). The debate centers around whether Congress is authorized to require citizens to purchase health insurance from the private market, known as the individual mandate. Congress claims authority from the Commerce Clause. However, many opponents of the PPACA have claimed that the individual mandate exceeds Congress's authority thereunder, primarily on the position that the law attempts to define the non-purchase of insurance as "commerce".