Unconstitutional" is in the eye of the beholder. The Constitution is a very short document covering a very large thing, and is therefore of necessity vague. The "elastic clause" is, well, elastic, and the degree to which it stretches is a government of men (and women), not laws.It's a case where practically everybody is a hypocrite: they seek for the Constitution to say what they want it to say.
They draw it narrowly to exclude things they dislike, and broadly to cover things they like. I've met practically nobody (including myself) whose interpretation could be considered consistent.So "unconstitutional" is literally a matter of what the 9 men and women on the Court think it is. And since we're 99% certain what 8 of those men and women think, I'd say it comes down literally to a coin flip.
If I were that person... honestly, personally, I think that the health care law is too far. Requiring everybody who can afford it to buy health insurance from a private company enshrines those private firms with too much power. But the solution I consider cogent (a single-payer plan that is so successful in practically every European country) is politically impossible.It would not be difficult to craft a slight variant of the law that does come closer to being constitutional.
The government can tax, and if you construe the payments as a tax, there's nothing wrong here.So, to sum up: in the abstract, I believe it's unconstitutional. In practice, so are a lot of other things that we take for granted. Because the individual mandate affects only a fraction of the population (85% of people already have health insurance), I don't think of the constitutional objection as serious.
As a Supreme Court justice, I would tell the politicians to go sort themselves out rather than asking me to use the Constitution to do it. PamPerdue 58 months ago.
I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.