Behind the current constitutional debates over ObamaCare, there is an assumption that Congress has power to regulate health insurance as “Commerce among the States.”  However, in various decisions over 150 years, the Supreme Court ruled that “insurance” was not within the Constitution’s definition of “Commerce.”  Only a single aberrant Supreme Court case says it is.

In this week’s National Law Journal, Second Amendment and constitutional icon Dave Kopel and I take on the assumption that Congress can regulate health insurance.