Is Healthcare Reform Constitutional? (Townhall.com) April 30, 2010Posted by daviddavenport in Radio Commentaries.
Tags: Constitution, Public Policy
At least 20 states have gone to court arguing that the healthcare reform bill is unconstitutional.
Unfortunately, like the pitch that isn’t a ball or strike ’til the umpire calls it, no law is legally unconstitutional until a judge says so.
Constitutionally questionable is the unprecedented requirement that Americans buy health insurance or pay a penalty. Proponents defend it on “interstate commerce” grounds, but if a 20-year old decides he doesn’t need health insurance, that’s not commerce at all, much less interstate. Others say Congress has power to do this under the 16 th amendment taxing authority, but it sure looks more like a penalty than a tax.
The healthcare bill surely violates federalism and the 10 th amendment, which established a limited federal government with all powers not given to Washington remaining in the states and the people. Let’s hope some judge pays attention to that .