Notes From Babel

Reason on the Individual Mandate

with 3 comments

I cannot commend this Reason video highly enough to anyone interested in how smart people can disagree about anything having to do with the Constitution; not to mention anyone interested in why Obamacare’s individual mandate is unconstitutional.


Written by Tim Kowal

August 28, 2010 at 8:53 am

3 Responses

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  1. Chemerinsky comes off bad. One point that stuck out was how he just shrugged off the constitutionality of Eastman’s forced car purchase as absurd. No doubt that in living memory the notion of many of the laws now in force with authority under the commerce clause were equally absurd.


    August 28, 2010 at 11:58 am

    • He shrugged it off in the same way Kagan shrugged off the force-fed vegetable hypothetical. These people are intent on preventing us from looking at the logical implications of their ideas. But they can’t possibly believe that these things are truly so “foolish” that they we should never fear we might be confronted with them. In fact, fundamentalist Mormons are already bringing a challenge to Texas’s anti-bigamy laws. Certainly, this challenge will draw from decisions like Lawrence v. Texas, Perry v. Schwarzenegger, Varnum v. Brien (Iowa Supreme Court striking down state law defining marriage as one man and one woman), etc. How long can courts hold back against these laws suits by sheer will when they have thrown principle aside?

      Tim Kowal

      August 28, 2010 at 1:08 pm

  2. […] of state and local affairs through a centralized federal government.   Wickard v. Filburn and the explosion of the Commerce Clause was another major Progressive […]

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