Can Congress Force Us to Buy Broccoli?
The January 31 ruling by US District Judge Roger Vinson of Florida that the new health reform law is unconstitutional in its entirety was immediately hailed by Republicans and Tea Party activists, who have made overturning the law their chief goal. The second federal district court judge to invalidate President Obama’s health care law, Judge Vinson reasoned that if the Commerce Clause empowers Congress to require citizens to buy health care insurance as a means of regulating “interstate commerce,” there would be no limit to Congressional power. It could require us to buy cars, bread, or even broccoli, as all could equally be said to be economic actions that would promote commerce.
February 4, 2011