Perhaps the most odious part of any health reform is the requirement that you buy health insurance.

Anthony Gregory, a research analyst at the Independent Institute, says there are several reasons why a mandate may be unconstitutional.

There is of course the Tenth Amendment, which we’ve discussed on this site before. But there’s also the right to privacy, the Fourth Amendment (secure in your papers and house), the Fifth Amendment (self-incrimination) and the Thirteenth Amendment (involuntary servitude).

Some of these arguments sound similar to claims that the federal income tax is unconstitutional. Good luck making that case before the judge.

Of course our legal and political system once held that some men were chattel, so if we’re lucky, the Constitution will get the credit it deserves. Some day.

Cross-posted from State House Call.


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