which constitutional power of congress was used to establish the individual mandate under obamacare
Health insurance mandate The ACA mandate was challenged in federal courts by Republican state Attorneys General. On June 28, 2012, the U.S. Supreme Court upheld the provision as Constitutional.[42] Chief Justice John Roberts delivered the majority opinion in National Federation of Independent Business v. Sebelius, which upheld the Patient Protection and Affordable Care Act by a 5-4 vote. The Court ruled that although the "individual mandate" component of the act was not constitutional under the Commerce Clause, it was reasonably construed as a tax and was therefore valid under the Congressional authority to "lay and collect taxes."[43][44]
Necessary and Proper Clause This clause, as justification for the creation of a national bank, was put to the test in 1819 in the case of McCulloch v. Maryland,[6] wherein the state of Maryland had attempted to impede the operations of the Second Bank of the United States by imposing a tax on out-of-state banks, of which the Second Bank of the United States was the only one. The court ruled against Maryland, and Chief Justice John Marshall, Hamilton's longtime Federalist ally, wrote the opinion, which stated that while the Constitution did not explicitly give permission to create a federal bank, it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that Congress could realize or fulfill its express taxing and spending powers. The case reaffirmed Hamilton's view that legislation reasonably related to express powers was constitutional. Marshall wrote: