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Health Insurance Is Not “Commerce”

In The National Law Journal, Independence Institute scholars David Kopel and Rob Natelson argue that health insurance is not “commerce” as used in the U.S. Constitution.  The article begins:

Although the federal district courts have split on whether people can be forced to purchase government-designed health insurance, they have assumed that Congress may constitutionally regulate health insurance in general. But that assumption is wrong: In fact, the congressional power to regulate “Commerce … among the several States” does not include authority to regulate health insurance. Under the Constitution, health insurance is a matter of state, not federal, jurisdiction.

Read the rest: Health Insurance Is Not “Commerce” | David Kopel and Rob Natelson | Cato Institute: Commentary.