American Elephants

Debating ObamaCare: Unconstitutional? by The Elephant's Child

The Federalist Society held its 2011 National Lawyers Convention last week. One  feature was the debate on the constitutionality of ObamaCare between Harvard’s Carl M. Loeb University Professor Laurence Tribe and former United States Solicitor General Paul D. Clement of Bancroft PLLC. They debate the single point of the challenge on the basis of the Commerce clause of the Constitution. As Mr. Clement said there may be many other parts of the law that are unconstitutional, some that we haven’t found yet ( a reference to the thousands of pages of the law).

The challenge is that the law is unconstitutional because it requires citizens to purchase insurance, and if Congress can compel a citizen to buy something they don’t want to purchase, then what cannot Congress force a person to buy?  This attack on individual liberty cannot stand.  The argument usually goes ‘if you can make someone buy insurance, then why can’t they make someone buy broccoli or anything else?

The Supreme Court has agreed to hear the case before the election next year, and has allotted an unusually long time period to hear it.  This debate is a fascinating preview of what the arguments might be.  Worth your time.

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