Trying to defend Obamacare as “regulation of commerce among the several states” is, as I argued yesterday, futile. In this piece, Trevor Burris contends that it’s just as futile to defend it under the Constitution’s Necessary and Proper clause.
N and P only applies where Congress is authorized to legislate in the first place. Statutes to dictate the details of Americans’ arrangements for medical care are not among the powers granted to Congress under Article I, Section 8.
