Is health insurance “Commerce among the States?”
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. […]
Does the Constitution really give Congress power over immigration?
Congress’s power to “define and punish . . . Offenses against the Law of Nations” included authority to “define” immigration rules and “punish” those who violated them.
