Justice Breyer: Can Congress Make Americans Buy Computers, Cell Phones, Burials? ‘Yes, of Course’
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Posted on March 29, 2012 5:59:08 AM EDT by Sub-Driver
Justice Breyer: Can Congress Make Americans Buy Computers, Cell Phones, Burials? ‘Yes, of Course’ By Terence P. Jeffrey March 28, 2012
(CNSNews.com) - During oral arguments in the Supreme Court this week, Justice Stephen Breyer posed and answered the core question at issue in the controversy over the constitutionality of Obamacare’s mandate that individual Americans must buy government-approved health insurance policies: Can Congress order individuals to buy a good or service?
“Yes, of course they could,” said Breyer.
In the history of the nation, according to the Congressional Budget Office, the federal government has never done this.
But Breyer, on Tuesday, stated his belief that the basic power of Congress to do such a thing was settled by the Supreme Court as early as 1819, in the case of McCulloch v. Maryland, in which the court decided Congress had the power to create a Bank of the United States.
Breyer explained his point of view after becoming impatient with the convoluted answers Solicitor General Donald Verrilli had offered up in response to questions from Justices Sam Alito and Anthony Kennedy and Chief Justice John Roberts.
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