| Mr Khan said: Because where in the Constitution is the free market or economic liberty an enumerated power? The commerce clause is clearly there, but in this case there is nothing else in there to oppose the commerce clause. To state that we have a "right" to not be forced to buy anything is therefore false, as far as American jurisprudence should be concerned. The conservative justices will inject ideas of economic libertarianism into American jurisprudence that have no constitutional basis |
The commerce clause is what opposes it.
The commerce clause gives the government power to regulate commerce... not to create it.
It's a matter of the government trying to read something in to the commerce clause that isn't there.
See the tenth ammendment. All powers not granted expressly to the federal government go directly to the state.
Hence why "Obamacare" is illegal but "Romneycare" isn't.
If the government wants universal healthcare it should do what the government usually does when it reaches past it's consitutional barriers. Either bribe them by giving them more federal money or threaten then by cutting them off.
