Wednesday, December 09, 2009

Is Health Insurance Mandate Constitutional?

http://volokh.com/2009/12/09/conspirators-at-heritage-today/

Can Congress require all Americans to buy a new Buick every year or pay a tax equivalent to the price of a used LeSabre? Some members of Congress claim that power in the health care debate. Indeed, all the leading health care bills being debated in Congress require Americans to either secure or purchase health insurance with a particular threshold of coverage, estimated to cost up to $15,000/year for a typical family. Such a purchase mandate has never been attempted. The purpose of this forced purchase, coupled with the arbitrary price ratios and controls, is to require many people to buy artificially high-priced policies to subsidize the coverage for others.

The health insurance mandate is clearly unconstitutional, or as the Democrats seem to think, "it's worth a try."

Posted via email from The Blue Pelican

No comments: