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View Diary: Supreme Court, Affordable Care Act: Is the mandate constitutional? (372 comments)

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    Justanothernyer

    Commerce Clause does not make the buying/not buying destinction.

    and btw, the most famous Commerce Clause precedent in history IS basically precedent about forcing somebody to do something (Wickard)

    They forced a farmer to destroy his own crops that he was not selling but only using himself, because then he wasn't buying it.

    "The Court decided that Filburn's wheat growing activities reduced the amount of wheat he would buy for chicken feed on the open market, and because wheat was traded nationally, Filburn's production of more wheat than he was allotted was affecting interstate commerce. Thus, Filburn's production could be regulated by the federal government."
    •  ? (0+ / 0-)

      Was Congress regulating the farming business, or the individual? That's where I see the distinction.

      The power of Congress to require health insurance companies to accept individuals with pre-existing conditions is one thing. Requiring individuals to purchase a product is a horse of a different color.

      What law has Congress passed, at any time in history, that mandated an individial purchase a product?

      A state requiring the owner of a vehicle purchase car insurance os a lame comparision, please don't try that on me... I am not Buying it

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