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.


  1. Damian Gunjak

    I wonder if it would be possible to hit the reset button on all goverments and laws sans the constitution. and to start fresh, it seems like every year they come up with more and more and more to the point where the constitution was written on a single sheet of paper and now there is a gazzilion more stacks of regs mandating everything from heath care to TSA screenings.

  2. taschrant

    It would be nice to hit the reset button, like on an old Nintendo.  All the taxes, licensing disaster, welfare programs need to go.

  3. diamond_max

    Powers equally distributed between Legislative, Executive, and Judicial branches. One will always restrict another one’s full potential.

  4. Jake Olson

    To quote Lysander Spooner “whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.”

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