Wednesday, June 29, 2011
ObamaCare passes 6th Circuit Review
The U.S. Court of Appeals for the Sixth Circuit upholds Obamacare and finds no constitutional commerce clause problems in the individual mandate to obtain medical insurance. Based on existing precedent, this is probably the proper result. The Supreme Court is going to have to shoot down a number of existing precedents (e.g. Wickard v. Fillburn) to invalidate the law. Supreme Court here we come.
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You're aware of my strong opinion regarding this matter. The commerce clause states " To regulate Commerce with foreign Nations, and among the several states ..." It doesn't say that congress has the power to direct the sovereign domestic affairs of the individual states and their residents, anymore than they could with other countries. The general welfare clause, IMHO, has to do with providing a safe environment so that states can freely govern and private markets prosper. This form of federalism benefits all people, not just the federal elitists and judicial activist gone wild.
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