Yes, The ObamaCare Mandate Is Still Unconstitutional

And interesting line from the Constitution that I have yet to hear someone argue. The ObamaCare supporters and lawyers have argued that the it is either a tax or covered by the Commerce clause. We’ve already covered the bit about the idiocy of requiring someone to purchase something in order to make it commerce, along with them saying the commerce clause comes into play because people will eventually purchase something health care related across state lines at some point. Well, Article I Section 9

No Tax or Duty shall be laid on Articles exported from any State.

So, the Federal government cannot force people to purchase health insurance if they are getting it from another state.

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One Response to “Yes, The ObamaCare Mandate Is Still Unconstitutional”

  1. Phineas says:

    Though currently health insurance can’t be sold across state lines. As I recall, making that possible is one of the reforms Republicans have been suggesting to increase competition and bring down costs.

    It would be interesting to see if they could throw a wrench in the ObamaCare works by passing such a reform.

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