Cato Institute

Cato On SCOTUS Decision

The Cato Institute provides an initial reaction to the ObamaCare ruling by the Supreme Court.

Hayek Returns

Friedrich Hayek’s classic book should be read by every high school student in the country. If you haven’t read it, enlighten yourself with what is… Read More »Hayek Returns

Constitutionality of ObamaCare

The Taxing Power of Obamacare by Robert A. Levy ,

Robert A. Levy is chairman of the Cato Institute and a director of the Institute for Justice.

This article appeared on National Review Online on April 20, 2010.

The litigation battle has begun. While the legal arguments are technical, the basic issue is straightforward: Can the federal government force people to buy a product — in this instance, health insurance — from a private company?

Advocates of Obamacare claim that the mandate to purchase health insurance is authorized under the Commerce Clause. But constitutional experts note that this expansion of power is unprecedented. The only way for the Supreme Court to find Obamacare constitutional via the Commerce Clause would be for it to announce, for the first time in 221 years, that there are essentially no structural limits on the federal government’s power to regulate interstate commerce.

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