Thursday, April 01, 2010

Fool if you think it's over - Opinion Journal "Obamacare and the Constitution": "If Congress can force you to buy insurance, Article I limits on federal power are a dead letter."

I have to ask from somebody who actually went to law school: in what way does stare decisis inform or guide this question of the individual mandate and the Commerce Clause? That is, for 200+ years, everybody seemed to agree that the Constitution can't be used to force you to enter into a transaction with a private entity. Does that mean we "do not alter that which has been established?" Just wondering.

Extra - Dave Kopel doesn't think the debate is over, either.

2 comments:

  1. Anonymous1:44 PM

    Waterloo II: The Rematch!

    ReplyDelete
  2. Anonymous6:13 PM

    It's all about goal-oriented fundraising with no hope of reaching the goal. Empty sweet talk for the chumps and suckers. Give generously so we can overturn Roe v. Wa... um, we mean Obamacare!

    ReplyDelete