Is Obama Care Unconstitutional?

States file challenges in Florida and Virginia

By Stu Nolan

The most compelling argument against the Obama health care "reform" is probably the so-called individual mandate. To uphold a requirement that all Americans purchase health insurance, a field that has been regulated to prohibit interstate competition, will require an expansive view of the Congressional authority to regulate interstate commerce.

Such an expansive view would destroy the notion of enumerated powers, i.e. that the federal government cannot exercise power unless the Constitution expressly gives the federal government authority in that area. For a court to uphold such an interpretation of the commerce clause would be difficult, if not impossible, to reconcile with the 1995 Lopez case, wherein the Supreme Court rejected a sweeping view of the commerce clause that would have allowed the federal government to regulate virtually anything without regard for its effect on interstate commerce.

The Supreme Court twice ruled in the nineties that the federal government could not compel the states to administer a federal program, and the Obama Care legislation arguably attempts to force state governments to do all the heavy lifting. Courts that routinely cling to an invented right to abort a child obviously are capable of justifying just about anything, so it is impossible to predict how the courts will dispose of the state challenges currently underway. But the arguments against the Obama Care legislation should be taken seriously.

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