The limitless Commerce Clause

The constitutional contortions some lawyers will go to in arguing that Obamacare’s individual mandate provisions are constitutional are amazing, and disheartening. The solicitor general just argued in front of an appeallate court that if Americans don’t want to be subjected to a federal penalty for self-insuring (authorized, he says, by the Commerce Clause), they can just earn less money. If being a hobo is what it takes to be free from federal authority, sign me up.

 

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