Friday, March 23, 2012

The individual mandate's slippery slope - From the law blog Volokh Conspiracy "The individual mandate case is not easy": "In reality, the plaintiffs have never argued that the unprecedented nature of the mandate by itself proves that it is unconstitutional. Rather, their brief repeatedly emphasizes that the main reason to strike down the mandate is that there is no logical way to uphold it without giving Congress virtually unlimited authority to impose other mandates."

An annoying aspect of the Obamacare supporters is the emphasis on the "unique" nature of health care in that virtually everybody will need it.  While that may be true, opening up the Commerce Clause to this level of coercion casts aside the limited and enumerated powers listed in the Constitution.  It seems unlikely that some future Administration (of either stripe) will not succumb to the easy road of Commerce Clause fiat.  Then it won't be quite so unique.

Extra - Charles Krauthammer "The Reckoning": "Rarely has one law so exemplified the worst of the Leviathan state — grotesque cost, questionable constitutionality and arbitrary bureaucratic coerciveness."

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