Misreading the Commerce Clause
February 4th, 2011
What about his formal argument: that Congress’s commerce power does not extend to requiring individuals to engage in commerce? The argument is hard to take seriously enough to even debate. The Commerce Clause, of course, says no such thing. It simply says that Congress has the power to regulate commerce among the states, not that it may not do so, or that it may regulate insurance only in a way that all competent economists believe will fail.
To read the Professor Greenwood’s full blog post click here.