I agree with my colleague and thank him for his comments. I would also argue the individual mandate is unconstitutional. When the law was being debated here in Congress, and later when it was being litigated in the courts, proponents repeatedly argued the individual mandate was constitutional under the commerce clause. Well, that simply isn't the case. While the Supreme Court ultimately upheld the law on other grounds, the majority of Justices agreed the individual mandate was not a proper exercise of Congress's power to regulate interstate commerce. I have to say I agree with that conclusion. Indeed, I say it is simply common sense the power to regulate interstate commerce does not include the power to compel individuals to engage in commerce, which is precisely what the individual mandate does. Despite the Court's overall decision, the American people see the individual mandate for what it is--an affront to individual liberty. Indeed, the vast majority of the American people know it violates our constitutional principles and that it cedes too much power to the Federal Government. That is why, in poll after poll, the majority of Americans support repealing the mandate. I would also ask the distinguished Senator from Tennessee, Mr. Alexander, to share his views about the individual mandate, if he has any additional views.
Orrin Hatch: “I agree with my colleague and thank him for his comments. I would also argue the individual mandate is unconstitutional.…”
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