Does the Individual Mandate Coerce?
University of Miami - School of Business
Sergio J. Campos
University of Miami - School of Law
April 23, 2012
University of Miami Law Review, Vol. 68, No. 1, 2013
University of Miami Legal Studies Research Paper No. 2012-16
The Patient Protection and Affordable Care Act includes an individual mandate which penalizes individuals who do not purchase health insurance. Critics of the individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to buy a product. Supporters concede that the mandate coerces but argue that it is otherwise permissible under the Commerce Clause. This Article questions whether the individual mandate coerces. It uses a simple economic model to show that, under certain conditions, the individual mandate induces insurers to sell health insurance at a price each individual would voluntarily pay. Accordingly, the Article concludes that the premise underlying the debate over the constitutionality of the individual mandate under the Commerce Clause should not be taken for granted.
Number of Pages in PDF File: 18
Keywords: individual mandate, patient protection and affordable care act, commerce clause, necessary and proper clause, health care, insurance
JEL Classification: I11, K32
Date posted: April 23, 2012 ; Last revised: December 16, 2013