Senate Judiciary Committee Hearing: Arguments for Individual Mandate’s Constitutionality Don’t Hold Up

Kathryn Nix / February 04, 2011

In the wake of federal Judge Roger Vinson’s ruling that Obamacare’s individual mandate is unconstitutional, yesterday, the Senate Judiciary Committee held a hearing to further examine the issue. The individual mandate forces Americans to purchase a level of insurance deemed appropriate by the federal government or else pay a fine.

Heritage’s legal experts write that the individual mandate is both unprecedented and unconstitutional. Its proponents claim that Congress holds the authority to compel Americans to purchase private insurance under the Commerce Clause, which allows Congress to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Oregon Attorney General John Kroger testified, “In 2009, Oregon spent approximately $2.6 billion on Medicaid and CHIP. Absent health care reform, that figure is expected to grow to approximately $5.5 billion by 2019.” A national solution to the health care systems ailments was needed, he says, to combat rising costs. (more…)