Obamacare Gives Congress License to Micromanage Every Facet of Our Lives

By Sandefur, Timothy | The Christian Science Monitor, March 27, 2012 | Go to article overview
Save to active project

Obamacare Gives Congress License to Micromanage Every Facet of Our Lives


Sandefur, Timothy, The Christian Science Monitor


The Obama administration has never offered a principled explanation of how to square the health-care law's individual mandate with the Constitution. If Congress can force us to buy health insurance, what can't it order us to buy?

The US Supreme Court today heard arguments today on what may be the most important constitutional case in a generation. Some of the nation's top attorneys are debating the Patient Protection and Affordable Care Act, often known as Obamacare.

The eventual ruling could chart the boundaries of federal power for generations to come - not only for health care, but across the policy spectrum.

A major focus of the Supreme Court hearings is the individual mandate - the law's requirement that almost all Americans who aren't covered by employers must purchase a health-care plan, whether they want to or not.

The plaintiffs - including 26 states as well as individuals and businesses - argue that Congress has no authority to force people to buy insurance. Most Americans agree: A recent Gallup poll found that 72 percent - including 56 percent of Democrats - consider the mandate unconstitutional.

Obama administration attorneys counter that Article I, Section 8 of the Constitution, known as "the commerce clause" - giving Congress power to "regulate commerce among the several states" - is more than expansive enough to validate the mandate.

They rely on a list of Supreme Court precedents that stretch the definition of "interstate commerce" pretty far.

In the 1940s, the court allowed Congress to punish a farmer for growing wheat on his own land for his own use, on the theory that wheat prices would be affected if everyone did that. In the 1960s, the court classified civil rights laws as "regulations of commerce" even when they involved businesses that did practically no interstate business. And in 2005, the court ruled that Congress could prohibit someone from growing marijuana in her yard for her personal medical use, because federal laws against drugs are a kind of economic regulation.

Still, the court has never held that the federal government may compel people to participate in commerce. And this is what makes the individual mandate unprecedented: Never before has Congress presumed to order average Americans to purchase a good or a service in the marketplace.

Simply from the standpoint of semantics, the law's defenders face a challenge. As ordinarily understood, the word, "regulate," implies rules for activity that people have freely chosen to engage in (running a business, for instance). The word doesn't imply forcing people, say, to start a business in the first place.

Likewise, "commerce" implies economic activity - but someone who fails to buy health insurance is not engaged in economic activity.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Obamacare Gives Congress License to Micromanage Every Facet of Our Lives
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.