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Legal Commentary

: Althouse

The argument that Congress doesn't have the power to force citizens to buy health insurance.

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First, I wonder how many of the uninsured realize that the health care plan is going to require them to buy insurance. Anyway, the issue here is about the scope of Congress's commerce power. Lawyers David B. Rivkin Jr. and Lee A. Casey point out that the uninsured are not currently doing anything in the commercial/economic sphere. They are basically doing nothing ? failing to provide for themselves. How can Congress regulate this nonaction?
The federal government does not have the power to regulate Americans simply because they are there. Significantly, in two key cases, United States v. Lopez (1995) and United States v. Morrison (2000), the Supreme Court specifically rejected the proposition that the commerce clause allowed Congress to regulate noneconomic activities merely because, through a chain of causal effects, they might have an economic impact....

Full post as published by Althouse on August 22, 2009 (boomark / email).

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