|By Laura Green, The Palm Beach Post, Fla.|
Its fate, however, will be decided by one of the oldest concepts of American law: that
However the court rules on the question of whether
"There will almost certainly be some message for
If the court strikes down the law, " it will establish new limits," he said.
With the court still debating the question,
But is that true?
The question may not be so easy to answer. The court's view of
For its first 13 years, the
Then came Marbury v. Madison, a seemingly unimportant case in which a justice appointed by
The court seated
"That was really a big deal because now, at the end of the day whether a law was going to stand or fall was going to be decided by the
Among a series of New Deal regulations struck down by the court in the 1930s were an agriculture price support program, a code setting maximum working hours and a minimum wage for the poultry industry, and a law setting pensions for railroad workers.
The court ruled that
Suddenly, the court issued a series of rulings upholding programs including the Social Security Act.
Although not a New Deal case, one of that era that bears particular note is Wickard v. Filburn. Both proponents and challengers of Obama's health care law cite it.
In that 1942 case, a wheat farmer sued over laws establishing grain quotas.
The court said no, on the grounds that Filburn's personal crop would reduce his activity -- his purchase in the national grain market.