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View Diary: Mitt: No apology for HIS individual health care mandate (80 comments)

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  •  Exactly correct. There is nothing (2+ / 0-)
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    BigOkie, Loge

    inconsistent in saying that a state can impose an individual mandate (since state legislatures have plenary power) and, at the same time, saying that the federal government cannot (since Congress has only certain enumerated powers, and the question is whether the one they are relying on, the Commerce Clause, allows them to do this).  

    It is only inconsistent if one does not understand the basic, fundamental difference between state government and the federal government.

    Now, whether an individual mandate is GOOD POLICY or not is a separate question.  But the outcome of the constitutionality of the federal mandate under the Commerce Clause has no bearing on whether the states can (not SHOULD, but "have the authority to) impose a mandate.  

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