Friday, October 2, 2009

Is it unconstitutional to require people to purchase health insurance?

I think there is ample precident for Congress to deal with health reform dating back to the 1930s. For more information on this here is a link to a memoradum by then Attorney General Janet Reno discussing the Constitutionality of the Clinton reform effort in 1993. http://www.usdoj.gov/olc/1stlady.htm

Although I think it is unlikely that the courts would rule in favor of a challenge to the constitutionality of health care reform, I’m sure someone will challenge whatever health care legislation is passed. I think they have little chance of winning but, of course, I’m not an authority on constitutional law and the Roberts court might do anything.

Another discussion of the constitutionality issue can be found at:

http://www.krnv.com/Global/story.asp?S=11144692

Of course, not everyone agrees especially when it comes to Congress manadating that everyone purchase health insurance. See these links for more on that discussion:

http://www.politico.com/arena/

http://www.washingtonpost.com/wp-dyn/content/article/2009/08/21/AR2009082103033.html

http://lawprofessors.typepad.com/conlaw/2009/08/the-constitutionality-of-the-current-health-care-proposal.html

In regard to the rest of the email from the “constitutional lawyer,” most of it just repeats charges that have been made before that represent distortions, exaggerations, etc. of what is actually contained in the House bill. If the guy who wrote the email actually read the bill, he obviously did not understand what he was reading or he saw in the bill what he expected to see.

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