The Constitutionality of the Individual Insurance Mandate

by Larry Emmott on September 26, 2010

in Health Care Politics

Lawyer talk. Never the less interesting if you are concerned about National Health Care

The “Patient Protection and Affordable Care Act” includes what is called an “individual responsibility requirement” or mandate that all persons buy health insurance from a private company and a separate “penalty” enforcing this requirement. 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.

via The Volokh Conspiracy » My New Paper on the Constitutionality of the Individual Insurance Mandate.

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