Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform
Northwestern University School of Law
February 7, 2011
Yale Law Journal Online, Vol. 121, No. 1, 2011
Northwestern Public Law Research Paper No. 11-25
Two federal district judges have invalidated the so-called “individual mandate” in the Patient Protection and Affordable Care Act of 2010. Their reasoning is bizarre and mischievous. The novel approach to constitutional law that they propose would misread the Constitution, betray the intentions of the framers, and cripple the nation’s ability to address one of its most pressing problems.
The correct legal analysis is simple. Congress has the authority to solve problems that the states cannot separately solve. It can choose any reasonable means to do that.
Number of Pages in PDF File: 25
Keywords: Health Care Reform
JEL Classification: K10, K19, K30, K39
Date posted: February 14, 2011 ; Last revised: May 10, 2011