The Constitutionality of National Health Insurance
At the Washington Post, David B. Rivkin Jr. and Lee A. Casey bring up an interesting question about President Obama’s health care legislation: Does the US Constitution give the federal government the authority to require citizens to buy nationalized health insurance?
President Obama has called for a serious and reasoned debate about his plans to overhaul the health-care system. Any such debate must include the question of whether it is constitutional for the federal government to adopt and implement the president’s proposals. Consider one element known as the “individual mandate,” which would require every American to have health insurance, if not through an employer then by individual purchase. This requirement would particularly affect young adults, who often choose to save the expense and go without coverage. Without the young to subsidize the old, a comprehensive national health system will not work. But can Congress require every American to buy health insurance?
Frank says: