Not An Enumerated Power

by Don Boudreaux on January 18, 2010

in Health, Law

In this NPR report, Georgetown University law professor Randy Barnett argues that Obamacare is unconstitutional.

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{ 3 comments }

vidyohs January 18, 2010 at 3:05 pm

Absolutely no where in the Constitution, not in any article, not in any clause of any article, is there any authority for the government, not any branch, not any agency, to order, force, or coerce an individual to buy something. Period.

It is more of the same lie that the Income tax and social security is.

There is no mystery to the Constitution, it is entirely readable and understandable by the working man, the average intellect of 1787.

Oh, uh. I guess that’s the problem. The average intellect of 1787 Vs the average intellect of 2009.

Sonic Charmer January 18, 2010 at 3:15 pm

Billy P asks,

Why is the position that individual mandates are constitutional, as they fall under the federal government’s enumerated power to regulate interstate commerce, mistaken?

Because ‘requiring everyone to purchase something’ is not what is meant by ‘regulating interstate commerce’. To say otherwise constitutes an abuse of the language. You may as well be asking Why don’t concentration camps fall under the federal government’s enumerated power to regulate interstate commerce?

Well, why don’t they?

I’m almost at a loss to even respond to this sort of argument. Does anything NOT fall under the federal government’s enumerated power to regulate interstate commerce?

Billy P January 18, 2010 at 3:15 pm

So, by this line of reasoning, the minimum wage would also be unconstitutional, as there are no clauses in the constitution that force employers to pay their employees a certain wage? The same for the federal laws requiring handicap access to buildings?

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