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:

Anonymous said...

Waterloo II: The Rematch!

Anonymous said...

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!