They began with the claim that there was no difference between activity and inactivity, since both involved decisions, and thus could be reached under the commerce power. Having largely abandoned this unwinnable argument, they now claim that the mandate does not really compel individuals to buy insurance, but merely regulates their inevitable future health-care consumption.The sooner this law goes down, the better.
But because the future consumption of nearly all existing goods and services is inevitable across the entire population, this argument means that Americans can then be compelled to purchase an infinite variety of goods and services chosen by Washington. Far from limiting what government can do, this is the ultimate enabling principle. Even Soviet apparatchiks, who told producers what to make, did not dare tell people what to buy.
ObamaCare's defenders have sought to manufacture another limiting principle. They claim that health care is unique because everyone will use medical services, health-care costs can be financially ruinous for uninsured individuals, and others will then have to pick up the slack by subsidizing consumers who do not pay their medical bills. Yet any number of national markets, including the housing market, share these same characteristics.
Thus the administration's position comes to this: What is one unconstitutional law, more or less, among friends? Health care is simply more important than any other issue. And Congress can be trusted to act responsibly, imposing purchase mandates only when they are essential. That's why Congress can mandate medical insurance but would never require Americans to buy broccoli. The courts have always found such promises constitutionally insufficient.
Tuesday, June 14, 2011
Obamacare Is Not Just Wrongheaded, It's Unconstitutional
I've said so since the day it was introduced, and here's a little bit on why it's unconstitutional: