Sunday, January 23, 2011

Can Congress Mandate Health Insurance?

From NPR:

The Necessary And Proper Clause

Koppelman, who teaches law at Northwestern University, says that the Constitution's 'necessary and proper clause' cannot be factored out of this debate.

'When somebody goes without health insurance, we can argue about whether they are or are not part of interstate commerce, but it doesn't matter,' Koppelman says.

Koppelman says that in order to carry out its responsibilities, Congress can enact policies that are not among its enumerated powers in the Constitution.

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