“The individual mandate requiring individuals to purchase health insurance is unprecedented, and it is just one of the reasons I voted against the health care bill,” said Isakson. “It is rightfully being challenged.”
The brief makes two points. First, it asserts that the individual mandate in the new health care law is an unprecedented and unauthorized extension by Congress of its authority to “regulate Commerce..among the several States…” For the first time, Congress is mandating that its citizens purchase a particular product, and would allow the federal government to punish those who make a different choice.
Secondly, the brief argues that if the individual mandate is deemed constitutional, there will no longer be any meaningful limit on Congress’ power to regulate its citizens under the Commerce Clause. Congress’ specific power under that clause will be transformed into a general police power, all but eliminating the constitutional distinction between federal and state regulatory authority in our federal union.
IMAGE and TEXT CREDIT:Johnny Isakson E-mail: isakson.senate.gov/contact Washington: United States Senate, 120 Russell Senate Office Building, Washington, DC 20510. Tel: (202) 224-3643 Fax: (202) 228-0724 Atlanta: One Overton Park, 3625 Cumberland Blvd, Suite 970, Atlanta, GA 30339 Tel: (770) 661-0999 Fax: (770) 661-0768
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