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Obamacare is unconstitutional, but that should be easy to skirt
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Contributor | Patrick |
Last Edited | Patrick Nov 24, 2009 12:24am |
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Category | Opinion |
Author | Gene Healy |
News Date | Monday, November 23, 2009 06:00:00 AM UTC0:0 |
Description | As Majority Leader Harry Reid’s health care bill moves to the Senate floor, the debate about Obamacare finally begins in earnest.
Shouldn’t the Constitution be part of that debate? By what authority, after all, could Congress force all Americans to buy health insurance?
In a recent news release, House Speaker Nancy Pelosi said constitutional objections to the individual mandate are nonsensical because the power of Congress to regulate health care is essentially unlimited. We eagerly await your orders, ma’am!
Pelosi is wrong, but that doesn’t mean the Supreme Court can be counted on to strike down Obamacare. Legislators have an independent obligation to consider the constitutionality of the laws they’re debating, and the individual mandate is flagrantly unconstitutional.
To answer the question, “by what authority?” Reid’s bill offers the Commerce Clause, the go-to provision for friends of federal power. |
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