McDaniel – Health care reform unconstitutional

Comprising more than 2,400 pages, the health care regime passed by Congress implements a number of liberty-crushing mandates, including one that will require Americans to purchase health insurance from private corporations.

Such an individual mandate, with penalties levied to secure compliance, is contrary to founding principles and unconstitutional under any reasonable examination of legal precedents.

In fact, during discussions regarding the mandate, at least two congressional departments voiced concern.

According to the Congressional Budget Office, the “mandate would be an unprecedented form of federal action.” Similarly, when asked by the Senate Finance Committee to opine on whether the Constitution allows it to impose a mandate of this nature, the Congressional Research Service answered, “whether such a requirement would be constitutional under the Commerce Clause is perhaps the most challenging question posed by such a proposal, as it is a novel issue whether Congress may use this clause to require an individual to purchase a good or a service.”

There are valid reasons for federal agencies to be troubled, since the Constitution’s framers constrained Congress’s power to specific enumerated powers to guard against undue expansion.

Sen. Chris McDaniel
ClarionLedger
4/25/10