Posts tagged Congressional Research Service
The Supreme Court is currently deliberating on the constitutionality of the Patient Protection and Affordable Care Act’s “individual mandate”, which requires all Americans to purchase medical insurance.
It has been pointed out by opponents that the individual mandate is an unprecedented requirement to engage in commerce. The Congressional Research Service, for example, observed that “it is a novel issue whether Congress may use the clause to require an individual to purchase a good or a service.”
The Cato Institute came to a similar conclusion, that “[f]inding the mandate constitutional would be the first interpretation of the Commerce Clause to permit the regulation of inactivity — in effect requiring an individual to engage in an economic transaction.”
Yet it seems that, from an examination of history, they are incorrect. (more…)