Just Searched the new Senate Health Care Bill, No Reference Made to “Interstate Commerce”

October 21st, 2009

I think the argument over whether Obamacare is constitutional isĀ  relatively futile under modern supreme court jurisprudence. See my previous thoughts here and here. But, I think it would serve Congress well to actually articulate some (bogus) way that Health Care affects interstate commerce.

I just searched through the 1500 page document, and did not see the traditional language Senators throw into bills linking the act and interstate commerce. Under Lopez and Morrison, Senators should have less hubris and just make up a link. Unsurprisingly, the word “constitution” does not appear once.

Oh well. It is constitutional under the modern commerce clause jurisprudence.