“The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers,” wrote Federal District Judge Henry Hudson in his decision invalidating the individual mandate to purchase health insurance imposed by ObamaCare.
Such a declaration should shock regular Americans who respect the boundaries imposed by constitutional, limited government. Even more so because Judge Hudson is writing about what the now-enacted ObamaCare law does.
Hudson’s critique is a bold recognition of what the individual mandate really does — and just how unfounded it really is in our history. As Hudson articulated, the mandate “forges new ground and extends the Commerce Clause powers beyond its current high water mark.” In other words, forcing individuals to purchase health insurance goes above and beyond anything Congress has attempted before under the Constitution.
In fact, the Administration could not cite a single example where the federal government had ever forced individuals to purchase anything, let alone a court case that upheld such a law.
Get full story here.
No comments:
Post a Comment