>> December 13, 2009
From The Heritage Foundation:
Senator Orrin Hatch plays the Constitution card. As I've been saying, this is historically unprecedented and unconstitutional.
Make no mistake, requiring individuals to purchase a particular good or service, as these bills would do, would be boldly going where Congress has never gone before. Congress has regulated interstate commerce, but has not required that people engage in it. The Supreme Court has expanded Congress’ power to regulate activities that substantially affect interstate commerce, but not the requirement that people engage in those activities.
There is an arrogance of power here [in Congress] that is beyond belief...