ObamaCare Unconstitutional Due to Lack of Severability Clause

Below is a video discussing the Commerce Clause in the context of ObamaCare and how the government increasingly relies on the former to regulate various industries.  Federal Judge Roger Vinson‘s ruling of ObamaCare as unconstitutional (Florida v. US Dept. of Health and Human Services) rests on the controversial individual mandate. Moreover, Congress’ failure to insert a severability clause renders Judge Vinson’s January 31 decision of monumental importance.  In short, he ruled that an individual mandate is unconstitutional, and without a severability clause the entire bill must follow.  Alex Epstein of The Ayn Rand Center for Individual Rights points to the politics of ObamaCare as highlighting the government’s inflation of the Commerce Clause to increase regulation and calls for a “more principled opposition to the expansion of government.”

The Future of ObamaCare: Can the Government Use the Commerce Clause to Justify Anything?


About Jeremiah Dow
I have a B.S. in Politics, Philosophy, and Economics with a minor in Economics. I finished school in 2010 and am currently working on independent research in various areas including political and economic philosophy, government, and history. I am also currently looking for work in research, particularly the social sciences dealing with public policy work. I aspire to a top-level graduate institution, but would first prefer some professional research experience. Some of my primary influences are Ayn Rand, Noam Chomsky, and Howard Zinn among others.

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