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Thread: Sen. Feinstein 'Assumes' Commerce Clause=Congress Authority to Mandate Health Ins.

  1. #1

    Sen. Feinstein 'Assumes' Commerce Clause=Congress Authority to Mandate Health Ins.

    Sen. Feinstein 'Assumes' Commerce Clause Gives Congress Unlimited Authority to Mandate Health Insurance

    Wednesday, December 23, 2009
    By Fred Lucas, Staff Writer


    Sen. Dianne Feinstein (D-Calif.) (Photo Courtesy of the senator's Web site)
    (CNSNews.com) – Senator Diane Feinstein (D-Calif.) said that Congress has the authority to mandate that people buy health insurance and that there is no constitutional limit on Congress’ power to enact such mandates, adding that this unlimited authority stemmed from the Commerce clause of the Constitution.

    The health care bills in both the House and Senate require that every American purchase a health insurance policy. At the Capitol on Tuesday, CNSNews.com asked Sen. Feinstein: “Where in the Constitution does Congress get the authority for an individual health insurance mandate?”

    Feinstein said: “Well, I would assume it would be in the Commerce clause of the Constitution. That’s how Congress legislates all kinds of various programs.”

    http://cnsnews.com/news/article/58937



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  3. #2
    Sen. Bob Casey: Health Care Mandate Constitutional But Not Sure If There's 'Specific Constitutional Provision'

    http://cnsnews.com/news/article/59011

  4. #3
    Sen. Nelson: Constitutionally, Congress Can 'Probably' Mandate Health Insurance In ‘Same Place’ States Can Mandate Car Insurance

    http://cnsnews.com/news/article/59008

  5. #4
    Sen. Sanders: Constitutional Authority for Congress’ Health Insurance Mandate ‘Probably’ Same As Medicare

    http://cnsnews.com/news/article/59002

  6. #5
    My question is this: Health insurance is only within state borders, which is why there is no buying health insurance across state lines. So, how can they claim that it's the Interstate Commerce Clause when it's clearly not interstate commerce? I thought they were going to use the Necessary and Proper Clause anyway.

  7. #6
    Quote Originally Posted by TCE View Post
    My question is this: Health insurance is only within state borders, which is why there is no buying health insurance across state lines. So, how can they claim that it's the Interstate Commerce Clause when it's clearly not interstate commerce?
    My thoughts exactly.



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