Regulating Interstate Non-Commerce

In following up on the discussion of the constitutionality of the individual mandate in Obamacare, Peter Suderman at Reason Magazine slams the argument that the left relies upon: the Commerce Clause authorizes it.

How does the Commerce Clause, which gives Congress the power to regulate interstate commerce, allow Congress to prohibit the decision to not purchase health insurance—something that involves no commercial transactions, much less commercial transactions across state lines, and which couldn’t possibly involve interstate commerce anyway given that there’s currently no way to buy insurance across state lines[?]


[T]he individual mandate is still uncharted territory; the federal government isn’t merely telling individuals what they can’t do, it’s telling them what they must do, and what they must do is purchase a product from a private company.

Suderman also presents a number of links to other discussions and arguments relating to the constitutionality of the mandate: here, here, here, and here, as well as links to court cases and other materials.


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