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Religion & Law

: Constitutionally Correct

Law Review: Why the Individual Health Insurance Mandate is Unconstitutional

By Alliance Alert

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Randy E. Barnett, Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional (September 21, 2010). NYU Journal of Law & Liberty, Forthcoming; Georgetown Public Law Research Paper No. 10-58. Available at SSRN: http://ssrn.com/abstract=1680392 "In this paper, I do not critique the individual mandate on originalist grounds. Instead, I explain why the individual mandate is unconstitutional under the existing doctrine by which the Supreme Court construes the Commerce and Necessary and Proper Clauses and the tax power."

Full post as published by Constitutionally Correct on September 22, 2010 (boomark / email).

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