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Unconstitutional

August 25, 2009

Wow.  I need to read more about American history, law, and politics because I completely missed a key point about the plan to require all Americans to purchase health insurance.

It’s unconstitutional.

David B Rivkin Jr. and Lee A. Casey have a compelling article in The Washington Post, “Illegal Health Reform.”

In short, no. The Constitution assigns only limited, enumerated powers to Congress and none, including the power to regulate interstate commerce or to impose taxes, would support a federal mandate requiring anyone who is otherwise without health insurance to buy it.

An example of the limited powers of Congress is speed limits.  Congress cannot set one maximum speed limit for the entire country.  States set their own speed limits.  Congress can make federal funding contingent on setting a specific limit.  Do you see the difference?

Read the Washington Post article for a more legal explanation.

Has anyone told Obama?

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