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If you want to explore previous rulings on insurance, commerce, and the legality of mandating Congress regulate commercial insurance - do your research on these things.
SOUTH-EASTERN UNDERWRITERS ASSOCIATION v. UNITED STATES 322 U.S. 533 (1944)
PAUL v. VIRGINIA 8 Wallace 168 (1869)
Sherman Act applied to insurance
McCarran-Ferguson Act
In HR 3590, this was inserted in the bill as part of the Congressional findings...
Sec. 1501 (a)(3) - SUPREME COURT RULING- In United States v. South-Eastern Underwriters Association (322 U.S. 533 (1944)), the Supreme Court of the United States ruled that insurance is interstate commerce subject to Federal regulation.
The power of their argument lies in questioning whether Congress can regulate inactivity — in this case by levying a tax penalty on those who do not obtain health insurance. If so, they ask, what would theoretically prevent the government from mandating all manner of acts in the national interest, say regular exercise or buying an American car?
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The focus of the litigation is the 16-word clause in Article 1, Section 8 of the Constitution that allows Congress to regulate interstate commerce, a provision the court has interpreted broadly but not without boundaries. The lead plaintiff, Attorney General Bill McCollum of Florida, who is running for the Republican nomination for governor, argues that the new law’s historic reach presents the courts with fresh circumstances.
The suit contends that the federal government has no constitutional power to compel citizens to purchase a particular product with after tax dollars. No such power exists in Article One of the United States Constitution under the Commerce Clause (U.S. Const. Art. I, § 8, cl. 3). The suit also contends that the mandatory requirement violates the freedom of association protected by the First Amendment (U.S. Const. amend. I) by forcing Americans to obtain unwanted insurance; violates the liberty provision of the Fifth Amendment’s Due Process Clause (U.S. Const. amend. V) by forcing Americans to buy a product, insurance, that they wish not to buy; and the right to privacy protected as a liberty right under the First, Third, Fourth, Fifth, and Ninth Amendments because it compels them to divulge confidential health information to an insurer against their will.
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