Skip to comments.Liberty and ObamaCare
Posted on 03/23/2012 11:50:29 AM PDT by Martin_Schmidt
The argument against the individual mandatethe requirement that everyone buy health insurance or pay a penaltyis carefully anchored in constitutional precedent and American history. The Commerce Clause that the government invokes to defend such regulation has always applied to commercial and economic transactions, not to individuals as members of society.
This distinction is crucial. The health-care and health-insurance markets are classic interstate commerce. The federal government can regulate broadlythough not without limitand it has. It could even mandate that people use insurance to purchase the services of doctors and hospitals, because then it would be regulating market participation. But with ObamaCare the government is asserting for the first time that it can compel people to enter those markets, and only then to regulate how they consume health care and health insurance. In a word, the government is claiming it can create commerce so it has something to regulate.
(Excerpt) Read more at online.wsj.com ...
This was a wonderful article..
Bull. Not necessary nor proper. We also have the God given, Ninth Amendment right to negotiate fee for service with doctors, healthcare providers.
A nearly full page editorial.
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