Nov 11, 2009 13:18
So in all this health care debate, I've not heard even once the question about whether Congress has the power to cause people to purchase insurance. I don't know where this is, other than what I consider a ludicrous interpretation of the Commerce Clause. "Regulation of commerce" must mean, I would have to say, commerce that actually exists, not commerce that doesn't exist. I find it hard to believe that "regulation" reaches so far that it would require commerce to come into existence that didn't previously exist. To say otherwise is to violate a fundamental freedom of non-participation. If I don't like the rules, I don't have to play. It's entirely new to say "you must play".
It seems legally sound to say that "you may not have health care except through insurance", but that would infringe on the Hippocratic Oath in a serious way. That oath is older than democracy. I would recommend extreme hesitation before screwing up that one.
An analogy here is income tax, which required a new amendment to the Constitution which gave Congress a power it did not previously have. So if you want your mandate, go to the effort of not abusing our legal system.