Does The Commerce Clause Apply To Obama Healthcare Reform?

The constitutionality of Obama healthcare reform, the mandates that go along with it, and how the commerce clause applies to these new laws have been at the center of the debate since the plan was first introduced. Many people argue that government is overstepping its boundaries, and is becoming too powerful in trying to rule how Americans acquire healthcare coverage. So, is this true exactly? Does the Commerce Clause include governmental power to mandate health coverage? Is this plan unconstitutional, and if so, how?

All of these questions are common, yet are somewhat extensive to answer. In order to fully understand the components of these answers, it is necessary to have a firm understanding of the history of the Supreme Court rulings on governmental powers. Perhaps one of the best people to shed light on this issue is Randy Barnett. Mr. Barnett is a Constitutional law expert who recently discussed these questions in his NYU School of Law Hayek Lecture.

Mr. Barnett discussed many different aspects of the current cases pending in the legal system against Obama health care reform, and how these cases relate to other issues the Supreme Court has already issued rulings upon.

Mr. Barnett explained that the new healthcare reform bill places a requirement that is unprecedented, mandating all Americans must obtain some form of private health insurance or risk being fined or penalized. These fines are to be collected by the Internal Revenue Service, which further abuses governmental power. Nowhere else in history has Congress used the Commerce Clause to mandate citizens purchase contracts with private business.

His lecture went on to further explain the consequences of following through with the plans set forth in Obama healthcare reform. Mr. Barnett believes that abiding by the terms of the mandate would create a major shift in the relationship between the American public and the government, as they would essentially be "commandeered" by the government.

It is important to put these issues into the spotlight and stop them before they cause our country to take a step backward, into the wrong direction. After all, this country was founded on the premise of being free from forceful rule and it should not allow government to take on roles it has no right to assume.