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Sunday, August 23, 2009

Obamacare Violates The Constitution?

David B. Rivkin Jr. and Lee A. Casey are partners in the D.C. office of Baker Hostetler LLP and served in the Justice Department under presidents Ronald Reagan and George H.W. Bush and they have written a piece in the Washington Post discussing the legality for "the federal government to adopt and implement the president's proposals."


Consider one element known as the "individual mandate," which would require every American to have health insurance, if not through an employer then by individual purchase. This requirement would particularly affect young adults, who often choose to save the expense and go without coverage. Without the young to subsidize the old, a comprehensive national health system will not work. But can Congress require every American to buy health insurance?

In short, no. The Constitution assigns only limited, enumerated powers to Congress and none, including the power to regulate interstate commerce or to impose taxes, would support a federal mandate requiring anyone who is otherwise without health insurance to buy it.

Read the entire piece.

The fact is, Americans have freedom of choice, even if those choices aren't smart, Congress, nor Obama can "force" anyone to buy health insurance and threaten to fine them if they do not.