Reason.com - Free Minds and Free Markets
Reason logo Reason logo
  • Latest
  • Magazine
    • Current Issue
    • Archives
    • Subscribe
    • Crossword
  • Video
  • Podcasts
    • All Shows
    • The Reason Roundtable
    • The Reason Interview With Nick Gillespie
    • The Soho Forum Debates
    • Just Asking Questions
    • The Best of Reason Magazine
    • Why We Can't Have Nice Things
  • Volokh
  • Newsletters
  • Donate
    • Donate Online
    • Donate Crypto
    • Ways To Give To Reason Foundation
    • Torchbearer Society
    • Planned Giving
  • Subscribe
    • Reason Plus Subscription
    • Print Subscription
    • Gift Subscriptions
    • Subscriber Support

Login Form

Create new account
Forgot password

Politics

Is the Individual Mandate Unconstitutional Under Existing Supreme Court Precedent?

Damon Root | 9.22.2010 11:33 AM

Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL
Media Contact & Reprint Requests

Georgetown University law professor Randy Barnett argues yes in a forthcoming NYU Journal of Law and Liberty article he just posted to SSRN. From the abstract:

The "Patient Protection and Affordable Care Act" includes what is called an "individual responsibility requirement" or mandate that all persons buy health insurance from a private company and a separate "penalty" enforcing this requirement. In this paper, I do not critique the individual mandate on originalist grounds. Instead, I explain why the individual mandate is unconstitutional under the existing doctrine by which the Supreme Court construes the Commerce and Necessary and Proper Clauses and the tax power.

Download it here.

Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup.

This field is for validation purposes and should be left unchanged.

NEXT: "The premiums don't tell the entire story."

Damon Root is a senior editor at Reason and the author of A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution (Potomac Books).

PoliticsPolicyNanny StateSupreme CourtObamacareConstitution
Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL
Media Contact & Reprint Requests

Show Comments (16)

Latest

Superman Is About the Anti-War Vibe Shift

Matthew Petti | 7.18.2025 5:23 PM

Why Are Students Using AI To Cheat? Maybe Because They Shouldn't Be In College At All

Emma Camp | 7.18.2025 4:00 PM

Although Meth Is Irresistible, The New York Times Says, Addicts Often Prefer Small Cash Rewards

Jacob Sullum | 7.18.2025 1:45 PM

ICE Is Shipping Detainees to Hawaii as Bed Space on the U.S. Mainland Fills Up

Autumn Billings | 7.18.2025 1:24 PM

Federal Judge to Trump on FTC Commissioner Firing: No, You Can't Fire Whomever You Want

Jack Nicastro | 7.18.2025 11:45 AM

Recommended

  • About
  • Browse Topics
  • Events
  • Staff
  • Jobs
  • Donate
  • Advertise
  • Subscribe
  • Contact
  • Media
  • Shop
  • Amazon
Reason Facebook@reason on XReason InstagramReason TikTokReason YoutubeApple PodcastsReason on FlipboardReason RSS

© 2024 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

r

Do you care about free minds and free markets? Sign up to get the biggest stories from Reason in your inbox every afternoon.

This field is for validation purposes and should be left unchanged.

This modal will close in 10

Reason Plus

Special Offer!

  • Full digital edition access
  • No ads
  • Commenting privileges

Just $25 per year

Join Today!