Can the Federal Government Mandate Health Insurance?
Most states require individuals to possess insurance for their automobiles. So why can’t the federal government set a similar requirement?
According to Professor Elizabeth Price Foley, the Constitution outlines specific powers for the federal government. Any law Congress passes must be able to prove that it falls under these powers. States have different powers.
The U.S. Supreme Court will ultimately decide whether the individual mandate for health insurance falls under the powers given to Congress in the Constitution. But just because the states have the power to establish mandates for health insurance or car insurance does not suggest that the federal government has the same power.