- ‘Welcome to the edge of freedom’: Biden’s boots touch down in DMZ
- Obama: Hole U.S. ‘digging out of’ requires billions more in unemployment benefits
- Obama’s regulatory agenda will cost U.S. economy $143B next year: report
- Patriot Act author on James Clapper: Fire, prosecute him
- Russia P.M. Medvedev: No amnesty for political prisoners
- Michigan GOP Senate hopeful reminds government is the ‘servant’
- Christmas, by Congress: Members mull a 15-cent tax on trees
- U.S. unemployment falls to five-year low of 7 percent; 203K jobs added
- World mourns Nelson Mandela and celebrates his life; burial set for Dec. 15
- Bill O’Reilly reminds: Nelson Mandela ‘was a communist’
Constitutionality of health overhaul questioned
But other legal scholars say that the Supreme Court has in recent decades taken a much broader view of Congress’ commerce powers and would likely do the same in this case if the legislation’s mandate is challenged in court.
“I would be willing to wager with Professor Barnett that the Supreme Court would uphold such a mandate, given the court’s expansive reading of the Commerce Clause. In fact, I don’t think the vote would be close,” Washington and Lee University professor Timothy Stoltzfus Jost said.
Even some conservative legal analysts who oppose the health care reform think that in the end, if the legislation passes, Congress would win in the courts.
“In this case, the overall scheme would involve the regulation of ‘commerce’ as the Supreme Court has defined it for several decades, as it would involve the regulation of health care markets. And the success of such a regulatory scheme would depend upon requiring all to participate,” writes Jonathan H. Adler, law professor at Case Western Reserve University School of Law.
House Majority Leader Steny H. Hoyer of Maryland was asked at a news conference recently whether Congress had “the power to mandate that somebody buy health insurance.” He replied: “Promoting the general welfare in the Constitution obviously gives broad authority to Congress to effect that end. Clearly, this is within our constitutional responsibility.”
The Senate Finance Committee, which recently approved one of the Senate’s two main health care bills, “thoroughly explored the issue and believes that the policies put forward in our bill will fall within” the constitutional powers of Congress, a top aide said.
But the excise tax that would be imposed on anyone who did not purchase insurance and its enforcement “would invite [constitutional] scrutiny,” said a paper presented to the Federalist Society for Law and Public Policy Studies by Peter Urbanowicz, a lawyer and health care management consultant, and Dennis G. Smith, senior research fellow in health care reform at the Heritage Foundation.
They cited Columbia University health policy professor Sherry Glied, named by Mr. Obama to a top policy job in the Department of Health and Human Services, who warned that “developing a system to promptly identify and penalize scofflaws will take effort and ingenuity, particularly in our diverse and mobile country.”
“It may require a degree of intrusiveness and bureaucracy that some will find unpalatable.”
About the Author
- Spike in battlefield deaths linked to restrictive rules of engagement
- Bill OReilly reminds: Nelson Mandela was a communist
- Obama administration issues permits for wind farms to kill more eagles
- Kill team: Obama war chiefs widen drone death zones
- Obama tries to calm Israeli fears over Iranian nuke deal 'not based on trust'
- Obama: Hole U.S. 'digging out of' requires billions more in unemployment benefits
- John Boehner says GOP should support gay candidates: I do
- Craigslist killers: Police say newlyweds stabbed man for thrills
- Rush Limbaugh: Obama trying to make Mandela death about himself
- NAPOLITANO: Pope Francis should be saving souls, not pocketbooks
Independent voices from the The Washington Times Communities
Find the latest news and happening that effect those in the Washington D.C., Northern Virginia and Maryland Metro region.
A stat-head’s outlook, direct from his worn in couch cushion.
Classical music and the performing arts: news and reviews you can use.
Covering the world of soccer, including the World Cup, Major League Soccer, D.C. United and the English Premier League and other interesting sporting events.
White House pets gone wild!