Does Congress have the power under the Constitution, and specifically the Commerce Clause, to force individuals to buy health insurance?
The Washington Legal Foundation (WLF) has published an article arguing that Congress doesn’t have the authority.
George recently posted on this question last week and specifically he highlighted an article by Sheldon Richman.
It is hard to see how not buying health insurance would constitute an activity that Congress could regulate under the Commerce Clause. This analysis could get real long, so I just want to point out that Commerce Clause jurisprudence focuses on the regulation of “activities” that affect interstate commerce. This suggests affirmative acts by the regulated entity. Doing nothing (i.e. not buying health insurance) is not a affirmative act and would not be an “activity.”
