(WASHINGTON) — In the second day of arguments regarding health care, Supreme Court justices are considering the key constitutional issue, whether the government can compel Americans to buy health insurance or pay a fine or tax. That provision kicks in 2014.
The government argues that Congress had the authority to pass the law under the Commerce Clause, the Necessary and Proper Clause and its taxing power.
But opponents of the law – 26 states, four individuals and a small-business group – say Congress has no authority to force someone into the marketplace. They argue that if Congress has the power to pass the mandate, that would mean that the scope of its power is unlimited.
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