Thursday, August 27, 2009

Is Government Mandated Health Insurance Constitutional?

In an August 22, 2009, Washington Post article, "Illegal Health Reform," David B. Rivkin Jr. and Lee A. Casey argue that Congress cannot mandate the purchase of healthcare insurance.

President Obama's proposal to reform the medical system requires every individual to obtain medical insurance.

Rivkin and Casey write:
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 complete Washington Post article by Rivkin and Casey here.

1 comment :

  1. Interesting stuff, Milt. I'm curious about how this is going to turn out. Looking forward to reading more.

    - Simon