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New at Reason: Damon Root on Whether the Health Insurance Mandate is Constitutional
Under Article I, Section 8 of the Constitution,
Congress possesses the power “to regulate Commerce...among the
several States.” Proponents of the so-called individual
mandate—which would require all Americans to purchase or secure
health insurance—say that this requirement is perfectly
constitutional thanks to the Commerce Clause. Are they right?
Associate Editor Damon W. Root takes a look.
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