Constitution Living in the Courts:Based on Constitutional Issues of Health Care Law in America

Since life of American constitution depends on judicial interpretation of each case by the Supreme Court,it is named constitution living in the courts.Take Patient Protection and Affordable Care Act for instance,sued by 28 states,its constitutionality lies in constitutional interpretation on congress's power under the commerce clause.Based on diversity of judicial philosophies,different interpretation methods maybe chose by judges.Take the Supreme Court as illustration,the Hughes Court experienced non-interventionism to lochnerism and at last turned to judicial restraint.Then,the Stone Court applied double standard of the footnote 4,and accordingly the Rehnquist Court used originalism.In the current Roberts Court,even criticized activist court,judicial philosophies of nine judges are various.However,the Roberts Court denied to apply the commerce clause to approve constitutionality of Health Care Law,while on the other hand acknowledging congress's power on promulgating the individual mandate under its tax authority,which is due to consideration on judicial modest.