{"id":2639,"date":"2009-08-25T13:59:06","date_gmt":"2009-08-25T17:59:06","guid":{"rendered":"http:\/\/www.jasetaro.com\/blog\/?p=2639"},"modified":"2009-09-18T10:04:10","modified_gmt":"2009-09-18T14:04:10","slug":"are-obamacares-individual-mandates-constitutional","status":"publish","type":"post","link":"https:\/\/www.jasetaro.com\/blog\/2009\/08\/25\/are-obamacares-individual-mandates-constitutional\/","title":{"rendered":"Are ObamaCare’s Individual Mandates Constitutional?"},"content":{"rendered":"

The answer would appear to be no, at least that the conclusion of an op-ed by penned David B. Rivkin Jr. and Lee A. Casey in last Saturday’s Washington Post<\/a>:<\/p>\n

President Obama has called for a serious and reasoned debate about his plans to overhaul the health-care system. Any such debate must include the question of whether it is constitutional 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?<\/p>\n

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.<\/p>\n

Although the Supreme Court has interpreted Congress’s commerce power expansively, this type of mandate would not pass muster even under the most aggressive commerce clause cases. In Wickard v. Filburn (1942), the court upheld a federal law regulating the national wheat markets. The law was drawn so broadly that wheat grown for consumption on individual farms also was regulated. Even though this rule reached purely local (rather than interstate) activity, the court reasoned that the consumption of homegrown wheat by individual farms would, in the aggregate, have a substantial economic effect on interstate commerce, and so was within Congress’s reach. Read the rest…<\/a><\/p><\/blockquote>\n

Ok, so if individual mandates are unconstitutional what happens to universal coverage? In short it fails, not everyone wants to buy health insurance now, and that\u2019s unlikely to change even with individual mandates. Living in a free society means being able to make choices that others many not agree with… Including choosing not to buy health insurance.<\/p>\n","protected":false},"excerpt":{"rendered":"

The answer would appear to be no, at least that the conclusion of an op-ed by penned David B. Rivkin Jr. and Lee A. Casey in last Saturday’s Washington Post: President Obama has called for a serious and reasoned debate about his plans to overhaul the health-care system. Any such debate must include the question […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[43,7],"tags":[268,807,808,779],"class_list":{"0":"post-2639","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-health-care","7":"category-politics","8":"tag-constitution","9":"tag-david-rivkin-jr","10":"tag-lee-casey","11":"tag-obamacare","12":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/pfpI7-Gz","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":2754,"url":"https:\/\/www.jasetaro.com\/blog\/2009\/09\/22\/yes-mr-president-the-individual-mandate-is-a-tax\/","url_meta":{"origin":2639,"position":0},"title":"Yes, Mr. President the Individual Mandate Is A Tax","author":"Jeff","date":"September 22, 2009","format":false,"excerpt":"I don't know about you, but I didn't watch Pres. Obama 's Sunday Talk show orgy... I've skimmed through the transcripts and frankly I don't think I missed much. He really didn't say anything new, he simply repeated the same arguments he's been making for months. About the only interesting\u2026","rel":"","context":"In "Health Care"","block_context":{"text":"Health Care","link":"https:\/\/www.jasetaro.com\/blog\/category\/health-care\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1865,"url":"https:\/\/www.jasetaro.com\/blog\/2009\/04\/01\/dianne-feinstein-opposed-to-the-card-check-bill\/","url_meta":{"origin":2639,"position":1},"title":"Dianne Feinstein Opposed to the Card Check Bill?","author":"Jeff","date":"April 1, 2009","format":false,"excerpt":"Yesterday The Hill reported Dianne Feinstein (D-CA) told capitol hill reporters that she was skeptical of the so called \"Card Check\" bill making it's way through congress. Although she stopped short of saying she was opposed to the Card Check or Employee Free Choice Act her remarks are sure to\u2026","rel":"","context":"In "Politics"","block_context":{"text":"Politics","link":"https:\/\/www.jasetaro.com\/blog\/category\/politics\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":4154,"url":"https:\/\/www.jasetaro.com\/blog\/2011\/08\/12\/unconstitutional-11th-circuit-strikes-down-obamacare-mandate\/","url_meta":{"origin":2639,"position":2},"title":"Unconstitutional: 11th Circuit strikes down Obamacare mandate","author":"Jeff","date":"August 12, 2011","format":false,"excerpt":"The U.S. Court of Appeals for the 11th Circuit, based in Atlanta, ruled today that Congress exceeded its Constitutional authority by requiring Americans to buy health insurance coverage. The 2-1 ruling also found that the rest of the law could stand. I'm still reviewing the 200 plus page majority opinion\u2026","rel":"","context":"In "Breaking News"","block_context":{"text":"Breaking News","link":"https:\/\/www.jasetaro.com\/blog\/category\/breaking-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3758,"url":"https:\/\/www.jasetaro.com\/blog\/2010\/12\/13\/breaking-federal-judge-rules-obamacare-individual-mandate-unconstitutional\/","url_meta":{"origin":2639,"position":3},"title":"Breaking: Federal Judge Rules ObamaCare Individual Mandate Unconstitutional","author":"Jeff","date":"December 13, 2010","format":false,"excerpt":"U.S. District Court judge Henry Hudson has ruled key provision of the Democrats health care reform law unconstitutional. from The Wall Street Journal: A federal district judge sided with the state of Virginia in its challenge to the health law passed in March, saying Congress exceeded its \"constitutional boundaries\" when\u2026","rel":"","context":"In "Breaking News"","block_context":{"text":"Breaking News","link":"https:\/\/www.jasetaro.com\/blog\/category\/breaking-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3770,"url":"https:\/\/www.jasetaro.com\/blog\/2011\/01\/31\/breaking-florida-district-court-rules-obamacare-unconstitutional\/","url_meta":{"origin":2639,"position":4},"title":"Breaking: Florida District Court Rules Obamacare Unconstitutional","author":"Jeff","date":"January 31, 2011","format":false,"excerpt":"Federal District Court Judge Roger Vinson has ruled that a key provision of President Obama's health care reform law passed last year violates the Constitution. Judge Vinson's decision is the second judicial blow to the President's signature legislative achievement in a little over a month. Today's ruling in a lawsuit\u2026","rel":"","context":"In "Health Care"","block_context":{"text":"Health Care","link":"https:\/\/www.jasetaro.com\/blog\/category\/health-care\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1536,"url":"https:\/\/www.jasetaro.com\/blog\/2009\/02\/18\/healthcare-provisions-of-stimulus-law-not-well-understood\/","url_meta":{"origin":2639,"position":5},"title":"Healthcare Provisions of Stimulus Law Not Well Understood","author":"Jeff","date":"February 18, 2009","format":false,"excerpt":"CNSNews.com has two must read pieces on the stimulus laws healthcare provisions... The first deals with the plans National Medical Records System provisions: Stimulus Law Does Not Require All Americans to Enter Their Medical Records into National System, Dems Say By Josiah Ryan, Staff Writer, CNSNews.com, Tuesday, February 17, 2009\u2026","rel":"","context":"In "Health Care"","block_context":{"text":"Health Care","link":"https:\/\/www.jasetaro.com\/blog\/category\/health-care\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/posts\/2639","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/comments?post=2639"}],"version-history":[{"count":0,"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/posts\/2639\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/media?parent=2639"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/categories?post=2639"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.jasetaro.com\/blog\/wp-json\/wp\/v2\/tags?post=2639"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}