http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/ Commentary on law, public policy, and more Tue, 08 May 2012 01:46:16 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-896271 We Are Living Through Constitutional History Wed, 04 Aug 2010 18:57:06 +0000 http://volokh.com/?p=23082#comment-896271 [...] in the Wall Street Journal (see here and here) as well as blog posts on Volokh (see here, here, here, here, here, here,  here, and here) advancing the dialogue that the mandate was unprecedented, and [...] [...] in the Wall Street Journal (see here and here) as well as blog posts on Volokh (see here, here, here, here, here, here,  here, and here) advancing the dialogue that the mandate was unprecedented, and [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-895867 Liberty Wins First Skirmish in the Obamacare Legal Battle | Ilya Shapiro: Cato @ Liberty « JHPPL News and Notes Wed, 04 Aug 2010 09:54:56 +0000 http://volokh.com/?p=23082#comment-895867 [...] to Obamacare. Notably, Judge Hudson agreed with Cato senior fellow Randy Barnett (see here, here, and here) that the government’s assertion of Commerce Clause authority for the individual [...] [...] to Obamacare. Notably, Judge Hudson agreed with Cato senior fellow Randy Barnett (see here, here, and here) that the government’s assertion of Commerce Clause authority for the individual [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-894944 Liberty Wins First Skirmish in the Obamacare Legal Battle | Think Tank West Tue, 03 Aug 2010 14:43:33 +0000 http://volokh.com/?p=23082#comment-894944 [...] to Obamacare.  Notably, Judge Hudson agreed with Cato senior fellow Randy Barnett (see here, here, and here) that the government’s assertion of Commerce Clause authority for the individual [...] [...] to Obamacare.  Notably, Judge Hudson agreed with Cato senior fellow Randy Barnett (see here, here, and here) that the government’s assertion of Commerce Clause authority for the individual [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-894326 Judge Lets Virginia Challenge ObamaCare’s Individual Mandate, Refusing to Dismiss Lawsuit | OpenMarket.org Mon, 02 Aug 2010 18:55:21 +0000 http://volokh.com/?p=23082#comment-894326 [...] so-called “individual mandate” is unprecedented and exceeds Congress’s power under the Commerce Clause of the Constitution.  As the [...] [...] so-called “individual mandate” is unprecedented and exceeds Congress’s power under the Commerce Clause of the Constitution.  As the [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-894226 Take A Shot For Liberty – The Randy Barnett “Unprecedented” Individual Mandate Drinking Game. Mon, 02 Aug 2010 16:49:03 +0000 http://volokh.com/?p=23082#comment-894226 [...] the unconstitutionality of the mandate hovers around the notion of being unprecedented (see here, here, and here). While liveblogging Randy Barnett’s address before the ACS on the [...] [...] the unconstitutionality of the mandate hovers around the notion of being unprecedented (see here, here, and here). While liveblogging Randy Barnett’s address before the ACS on the [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-781043 Attorney Generals Challenge ObamaCare; New Health Care Law Increases State Budget Deficits, Imposes Marriage Penalties  | OpenMarket.org Wed, 24 Mar 2010 15:54:13 +0000 http://volokh.com/?p=23082#comment-781043 [...] so-called “individual mandate” is unprecedented and appears to exceed Congress’s power under the Commerce Clause of the Constitution.  As [...] [...] so-called “individual mandate” is unprecedented and appears to exceed Congress’s power under the Commerce Clause of the Constitution.  As [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-778286 Minaret of Freedom Weblog » The Worst Part of the “Healthcare” Bill Sun, 21 Mar 2010 14:35:21 +0000 http://volokh.com/?p=23082#comment-778286 [...] are all too valid. However, the worst aspect of the legislation is rarely mentioned: the fact that the legal justification for the individual mandate is based on a premise that undermines the entire ... and sets the nation on a slippery slope where the government need not respect Constitutional [...] [...] are all too valid. However, the worst aspect of the legislation is rarely mentioned: the fact that the legal justification for the individual mandate is based on a premise that undermines the entire … and sets the nation on a slippery slope where the government need not respect Constitutional [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-745756 “Health Care Freedom” Bills Pass Virginia Senate | OpenMarket.org Sun, 07 Feb 2010 00:24:03 +0000 http://volokh.com/?p=23082#comment-745756 [...] mandate” is an unprecedentedly broad attempt to regulate under the Commerce Clause. As the Congressional Budget Office noted in 1994,”A mandate requiring all individuals to purchase health insurance would be an [...] [...] mandate” is an unprecedentedly broad attempt to regulate under the Commerce Clause. As the Congressional Budget Office noted in 1994,”A mandate requiring all individuals to purchase health insurance would be an [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-728233 Unconstitutional « Dancing Czars Fri, 15 Jan 2010 16:11:39 +0000 http://volokh.com/?p=23082#comment-728233 [...] out also, Georgetown University’s Randy Barnett’s post called “Why the Personal Mandate to Buy Health Insurance Is Unprecedented and [...] [...] out also, Georgetown University’s Randy Barnett’s post called “Why the Personal Mandate to Buy Health Insurance Is Unprecedented and [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-728214 Unconstitutional « Socialism is not the Answer Fri, 15 Jan 2010 15:45:59 +0000 http://volokh.com/?p=23082#comment-728214 [...] out also, Georgetown University’s Randy Barnett’s post called “Why the Personal Mandate to Buy Health Insurance Is Unprecedented and [...] [...] out also, Georgetown University’s Randy Barnett’s post called “Why the Personal Mandate to Buy Health Insurance Is Unprecedented and [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-726670 Experts Question Enormous Cost and Constitutionality of Healthcare Legislation | OpenMarket.org Wed, 13 Jan 2010 17:30:32 +0000 http://volokh.com/?p=23082#comment-726670 [...] so-called “individual mandate” is unprecedented and appears to exceed Congress’s power under the Commerce Clause of the Constitution.  As [...] [...] so-called “individual mandate” is unprecedented and appears to exceed Congress’s power under the Commerce Clause of the Constitution.  As [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-726084 Would Healthcare Overhaul Be Constitutional? « Verus Politics: Truth and Reason Tue, 12 Jan 2010 22:55:46 +0000 http://volokh.com/?p=23082#comment-726084 [...] Also at Volokh, Georgetown’s Randy Barnett argues that the personal insurance mandate would be.... [...] [...] Also at Volokh, Georgetown’s Randy Barnett argues that the personal insurance mandate would be…. [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-717773 Florida Attorney General Questions Constitutionality of Healthcare Bills in Congress | OpenMarket.org Thu, 31 Dec 2009 17:15:14 +0000 http://volokh.com/?p=23082#comment-717773 [...] care bills backed by the Obama administration require.  This “individual mandate” is unprecedented and appears to exceed Congress’s power under the Commerce Clause of the [...] [...] care bills backed by the Obama administration require.  This “individual mandate” is unprecedented and appears to exceed Congress’s power under the Commerce Clause of the [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-704299 Dodgeblogium » Orin Hatch on health insurance fine… Thu, 10 Dec 2009 01:43:55 +0000 http://volokh.com/?p=23082#comment-704299 [...] unconstitutional, but Hatch has to explain it so the dim members of Congress can grasp the fact. Here is meatier piece on the [...] [...] unconstitutional, but Hatch has to explain it so the dim members of Congress can grasp the fact. Here is meatier piece on the [...]

]]> http://volokh.com/2009/12/09/why-the-personal-mandate-to-buy-health-insurance-is-unprecedented-and-unconstitutional/comment-page-1/#comment-704298 Tweets that mention The Volokh Conspiracy » Blog Archive » Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional -- Topsy.com Thu, 10 Dec 2009 01:42:32 +0000 http://volokh.com/?p=23082#comment-704298 [...] This post was mentioned on Twitter by Philip Klein, stacyqc. stacyqc said: Randy Barnett: Why Personal Mandate to Buy Health Ins Unprecedented and Unconstitutional http://tinyurl.com/yku682v [...] [...] This post was mentioned on Twitter by Philip Klein, stacyqc. stacyqc said: Randy Barnett: Why Personal Mandate to Buy Health Ins Unprecedented and Unconstitutional http://tinyurl.com/yku682v [...]

]]>