Senator Orrin Hatch from Utah told CNSNews.com in November 2009 that forcing people to buy health insurance cannot be justified under the Constitution’s Commerce Clause.
“But here would be the first time where our government would demand that people buy something that they may or may not want,” Hatch told CNSNews.com. “And, you know, if that’s the case, then we didn’t need a ‘Cash for Clunkers,’ all we had to do is have the federal government say you all got to buy new cars, no matter how tough it is on you. You know, they could require you to buy anything. And that isn’t America. That’s not freedom. That’s not constitutionally sound. Now, there may be some gimmicky way that they can do this, but I can’t think of a gimmicky way that would be constitutionally justified.”
On the other hand, White House Spokesman Robert Gibbs stated in November 2009 that he does not know if White House lawyers have reviewed whether it is constitutional for the federal government to order individuals to buy health insurance. On Wednesday, the White House responded to 13 State Attorney Generals: No 'Legitimate Constitutional Concerns' in Senate Health Care Bill.
Nancy Pelosi was asked if health care is covered in the Constitution. She responded: "Are you serious?"
Sen. Mary Landrieu (D-La.) said that she would leave it to "constitutional lawyers" to explain where Congress gets the constitutional power to require that Americans buy health insurance from the Federal government.
There is a summary of the issue considering the Founding Fathers on health care as well.
Protester Delays Senate Committee Opening, CSPAN May 05, 2009
Max Baucus, D-MT, "We need more police."
Is Government-Run Health Care Constitutional?
Tim Lynch (CATO Institute) and Jay Sekulow (American Center for Law and Justice) discuss the constitutionality of federal health care programs with Judge Andrew Napolitano.
Or, for another historical perspective, some may entertain the thoughts of Ronald Reagan on Universal Healthcare.
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