Health Insurance –
The “Commerce Clause”
House Speaker Nancy Pelosi says “Since virtually every aspect of the heath care system has an effect on interstate commerce, the power of Congress to regulate health care is essentially unlimited.”
Judge Andrew Napolitano, former Superior Court judge of New Jersey and now the senior judicial analyst at Fox News says Congress’ “only restraint on their exercise of Commerce Clause power is whatever they can get away with. They aren’t upholding the Constitution—they are evading it.”
Judge Napolitano argues that James Madison’s and the commonly used definition of “regulate” in the 1780s was “to keep regular,” so total control of health care by the U.S. Congress is using the Commerce Clause is evading the Constitution.
Article I, Section 8 of the U.S. Constitution reads: “The Congress shall have power …To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.”