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04/17/2012

It’s Not About Broccoli!: The False Case Against Health Care

External Link - Source: The Atlantic

The challengers of the health insurance mandate have focused on the Commerce Clause of the U.S. Constitution. As conservative Judge Silberman held, the text giving Congress the power to “regulate commerce” does seem to include a power to mandate purchases, given 1780s dictionary definitions of “regulate.” The challengers argue that this plain meaning should nonetheless be resisted because otherwise the clause would lack any “limiting principle,” and thus could be used to force us to buy GM cars, cell phones, burial insurance, or — their favorite bugaboo — broccoli.

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