A Theory to Crush Conservative Jurisprudence
“Einer Elhauge of Harvard Law School, for example, pointed out that the Founders had explicitly endorsed the concept of a health care mandate when the first Congress passed legislation in 1790 requiring shipowners to buy health insurance for their sailors. This law was signed by President George Washington. Taking a different angle, Jack Balkin of Yale Law School argued that the mandate is clearly authorized by Article I, Section 8, of the Constitution, which permits Congress to “lay and collect taxes.” Rather than getting tangled in the wonky particulars of exactly when individuals enter the health care market, these scholars were locating a justification for the law in the text of the Constitution and the historical understanding of the men who wrote and ratified it.”
-Jeffrey Rosen, “Constitution Avenue”
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