----- Original Message ----- 
From: Tenth Amendment Center 
To: [email protected] 
Sent: Monday, January 25, 2010 8:05 AM
Subject: Health Care Mandates are Constitutional? Not Even Close


NEW:  Health Care Mandates are Constitutional? Not Even Close

“The claim that the Founding Fathers would have thought the Constitution allows 
Congress to impose health care mandates is little short of absurd."
--Rob Natelson

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On the Constitution, Beware the Word "Clearly"
by Rob Natelson
(read more and comment here)



 

Editor's Note: Are health care mandates constitutional?  Constitutional Scholar 
Rob Natelson responds with a resounding ‘no’ in his rebuttal to claims made by 
Akhil Reed Amar.

The Debate over whether or not health care mandates are permissible under the 
Constitution reached new heights last week when Professor of Law and Political 
Science at Yale University, Akhil Reed Amar, published a controversial op-ed in 
the Los Angeles Times.  Amar’s article titled “Constitutional objections to 
Obamacare don't hold up” drew immediate rebuttal from fellow scholars, 
including Rob Natelson, Professor of Constitutional Law, Legal History, and 
Advanced Constitutional Law at the University of Montana.

One of the key disputes in the health care reform debate is whether mandates 
fit within the limits of Federal power as enumerated by the Constitution.  
According to Amar’s op-ed, authority for mandates “clearly” come from the 
“Commerce Clause in Article I, Section 8 of the Constitution, which he said, 
gives the federal government authority “to address matters that have 
significant spillover effects across state lines or international borders.”

Natelson rebuked this and many of Amar's other points in a must-read article at 
TenthAmendmentCenter.com.  Line-by-line, you'll get key information to respond 
to virtually all the common positions that mainstream pundits and politicians 
give these days.  Natelson knocks these excuses out of the park, excuses that 
twist the original meaning of the Constitution into something the Founders 
never dreamed of.

(click here to read the article now)

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Michael Boldin
Tenth Amendment Center



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