- Moderator
- #41
The Interstate commerce clause does not authorize government intervention into health care. It authorizes government regulation of interstate commerce. Using that justification, the max the Federal Government could possibly do in the health care industry is to allow people to purchase insurance across state lines, as that would be interstate commerce.
I do not pretend to be a Constitutional scholar or even a Constitutional lawyer. But I think that if the Court finds that a purely intrastate activity has defacto impact on interstate commerce, jurisdiction exists to regulate intrastate activity under the Commerce Clause.
Alright, for the sake of argument let's except your premise. Regulating healthcare is still outside the jurisdiction of the Federal government.
Especially with the courts more recent commerce clause decisions which restore the limited powers it grants.