Will ObamaCare lose in the courts?
"In enacting the individual mandate, Congress purported to rely on its
power to regulate interstate commerce and, in the process, reach
individuals who are already engaged in that commerce. But the individual
mandate does not regulate commerce, interstate or otherwise. It simply
decrees that all Americans, unless specially exempted, must have a
congressionally prescribed level of health-insurance coverage regardless
of any economic activity in which they may be engaged. Requiring
individuals to act simply because they exist is the defining aspect of
the general police power that Congress lacks."
More:
"That's why ObamaCare is so constitutionally pernicious. Our Framers adopted a dual-sovereignty architecture, dividing powers between the national government and the states. As Supreme Court Justice Anthony Kennedy explained in United States v. Lopez (1995), this division achieves two goals. It protects individual liberty, and it ensures that voters can identify which level of government is responsible for what policies so that a proper accounting can be made at the ballot box."
David Rivkin, Jr and Lee Casey at The Wall Street Journal.
Thanks, David.
More:
"That's why ObamaCare is so constitutionally pernicious. Our Framers adopted a dual-sovereignty architecture, dividing powers between the national government and the states. As Supreme Court Justice Anthony Kennedy explained in United States v. Lopez (1995), this division achieves two goals. It protects individual liberty, and it ensures that voters can identify which level of government is responsible for what policies so that a proper accounting can be made at the ballot box."
David Rivkin, Jr and Lee Casey at The Wall Street Journal.
Thanks, David.
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