INSURANCE MANDATE COULD GO TOO FAR
For the first time in American history, the federal government has decided that every man, woman and child must do more than simply mind his own business.
Upon the threat of fine, each American now must go out and buy health insurance under the bill signed Tuesday by President Obama.
This individual mandate may finally be a bridge too far. In recent years, the Supreme Court has put an end to Congress’ blank check on domestic regulation.
In 1995’s United States v. Lopez, the justices held that Congress could not ban gun possession in school zones as a regulation of interstate commerce. In 2000, United States v. Morrison went even further in striking down parts of the federal Violence Against Women Act.
If the court were to allow Congress to go so far, Chief Justice William Rehnquist worried, there would be no logical stopping point. The federal government would have power over everything.
The court has never upheld a federal law that punishes Americans for exercising their God-given right to do absolutely nothing. Former Justice Department official John Yoo, in the Philadelphia Inquirer.