The alleged constitutional justification for Obamacare's individual insurance coverage mandate can be summarized in one sentence: The federal government has the authority to preemptively regulate your economic activity.
President Obama, famous denouncer of preemptive war, declares that he has not only the power but the constitutional authority to regulate every American's economic behavior before it happens in the interest of making the market function the way he would like it to function. It's like Minority Report come to life, but with economic transactions, not crime, as the activity the state intervenes to alter before it occurs.
Arguing before the Supreme Court on Tuesday, Solicitor General Donald Verrilli asserted that "the system does not work" for Americans who do not have health insurance, therefore Washington has an interest in "regulating the means by which health care is purchased," which he said was all the individual mandate does.
Justice Anthony Kennedy stopped him right there and asked, "Can you create commerce in order to regulate it?"
Read more: http://spectator.org/archives/2012/03/29/obamacares-preemptive-regulato
President Obama, famous denouncer of preemptive war, declares that he has not only the power but the constitutional authority to regulate every American's economic behavior before it happens in the interest of making the market function the way he would like it to function. It's like Minority Report come to life, but with economic transactions, not crime, as the activity the state intervenes to alter before it occurs.
Arguing before the Supreme Court on Tuesday, Solicitor General Donald Verrilli asserted that "the system does not work" for Americans who do not have health insurance, therefore Washington has an interest in "regulating the means by which health care is purchased," which he said was all the individual mandate does.
Justice Anthony Kennedy stopped him right there and asked, "Can you create commerce in order to regulate it?"
Read more: http://spectator.org/archives/2012/03/29/obamacares-preemptive-regulato
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