Wednesday, October 27, 2010

Congressional Report Casts Doubt on Constitutionality of Obamacare's Individual Mandate

CNS News "Published on October 15, the CRS report examines the arguments both for and against the constitutionality of the individual mandate, which requires every American to purchase government-approved health insurance or else pay a fine."....
"The CRS report finds that the two primary defenses of the mandate – that it is a tax and that Congress can impose it under the Commerce Clause – to be problematic."
The report:  To date, the Supreme Court has not articulated a fundamental right to health care.78 Indeed, the words “health” or “medical care” do not appear anywhere in the text of the Constitution. Thus, rights of individuals to health care services derive from statutory rights (with a few such rights also set forth in state constitutions) and have most often concerned the provision of medical care to poor persons. In challenging a health insurance mandate on due process grounds, it is possible that one could allege a fundamental right to be uninsured, or to not purchase health insurance.
"However, this is not a fundamental right that has been recognized by the Supreme Court".

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