Health Care Reform - ObamaCare Infringing on Interstate Commerce...

polifrog



I am a spectator as ObamaCare marches through the courts and rightly so. I have no training and that in itself likely answers the following question.

Is ObamaCare not an infringement of interstate commerce? I realize it relies on the interstate commerce clause for constitutional muster. But it seems to me that ObamaCare is so extreme in its interpretation that it overshoots the intent of the interstate commerce clause and by its vary nature infringes on interstate commerce itself.

For example: If I choose to spend $20 dollars in SC (I live in NC) on cold medicine, but prior to that expenditure ObamaCare pries those dollars from my hands thereby limiting my choice to buy cold medicine in SC and thus engaging in interstate commerce, is ObamaCare not infringing on interstate commerce?

I don't see where this is any less tenuous an argument than the one our the administration is clinging to: that a citizen's choosing not to engage in economic activity affects interstate commerce. In fact, my argument seems far more reflective of the intent of the interstate commerce clause.

Another example. If, for instance, ObamaCare destroys the market for catastrophic health insurance (and it will as such insurance will not be considered when one attempts to meet their obligation for health insurance under ObamaCare), then the choices of US citizens will have been limited by government in just the same way as when an individual state interferes with commerce between the states if it were to limit commerce across state lines.


It seems to me that it does not matter whether a single state limits commerce across its boarders or the federal government limits commerce across all state lines --- the result is that interstate commerce is no longer free and regular.

I wonder. Does the interstate commerce clause only apply to laws passed by states that negatively impact commerce across state lines or does does it also apply to laws passed by the federal government that negatively impact commerce across state lines?


On the other hand, we can enjoy the joy of this wonderful video...





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