ObamaCare and the Commerce Clause

The federal government’s position expands the Commerce Clause — already stretched to the breaking point — to permit federal regulation of “the decision not to buy health insurance.” But calling inaction a “decision” does not transform it into regulable economic activity. As David Rivkin, attorney for the states and other plaintiffs in the case, argued, the government had the permissible alternative of regulating health-care payment at the point of purchase, saying for example that no one could pay for services except using insurance. The government claimed that waiting to regulate until someone actually did something was splitting constitutional hairs, but that hair may be all that is left of the Commerce Clause’s limitation on government power.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s