Is mandating health insurance unconstitutional
House Speaker Nancy Pelosi (D-Ca.) wouldn't even take this question seriously.But conservatives who respect the idea that the constitution maps out a federal government with limited powers would answer with a loud -- "Hell No." The Heritage Foundation and the American Center for Law & Justice (ACLJ)recently released legal analysis calling into serious question the constitutionality of the Congress's plan to force all citizens to purchase health insurance.
He acknowledged that Congress has a broad power under the Commerce Clause, but he emphasized that Congress’s power to regulate commerce assumes that there is commercial activity to regulate.In his view, the mandate creates activity, rather than regulating it.If the Court were to interpret the Commerce Clause the way that the government does, he contended, it would allow Congress to regulate all kinds of new things – including forcing people to buy vegetables (with no specific reference to broccoli, however)." While the answer may appear obvious, the question and the lawsuits based on it will ultimately be answered by the Supreme Court.How will the government defend the constitutionality of the health insurance public mandate?
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The health care reform bill provides that failure to have health insurance will not result in criminal prosecution.