Without dismissing the complex legal arguments of the expansive Commerce
Clause, the mandate on individuals to purchase insurance is clearly at odds
with the 10th Amendment. Never before has the U.S. government required
individuals to purchase a product or service unless they were doing so to
participate in a public privilege such as driving on a government road. Clearly
the 10th Amendment was enacted with the intent of limiting what the government could
force its citizens to do.
If the government can force its citizens to buy health insurance, can it next
mandate that Americans purchase General Motors cars? Organic foods?
American-made TV sets?
Without mandated insurance for every American, healthcare insurance reform collapses. The young, the healthy and the optimistic will choose not to pay the high premiums required by community ratings (as opposed to actuarial calculations). They will only purchase healthcare insurance when they become sick or transition into a higher-risk classification. That will further increase premiums and exacerbate the already complicated costly system.
Williams can be heard daily on Sirius/XM Power 169 from 9 to 10 p.m.