The first reason is that requiring everyone to do something buy something is a new concept so it must be unconstitutional becau– it is a new concept. Newness is not a test for constitutionality. The correct test is: is it necessary and proper to require everyone to buy health insurance to eliminate dead beats who don’t pay to make the system actuarily sound.Of course it is.

The second reason the Court gives is that requiring Americans to buy private health care insurance or pay a fine will apriori grant unlimited power to Congress to legislate in all aspects of American life where it has no power.That is patently false. Congress has the power to impose the individual mandate in this case because it has the power to regulate interstate commerce and dthe individual mandate is required to do that. If Congress should pass a law that requires people to do something and that something does not affect interstate commerce or is irrational the courts will strike it down.

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