George Will: Health Reform Provision Could Be Unconstitutional

Conservative columnist George Will writes that, where state laws protect citizens from mandated health care, a federal law fining people for not being covered could lead to constitutional challenges. Citing explicit clauses in the Arizona constitution and an Oregon "right to die" statute, both of which have been backed by higher courts, Will argues that relevant state laws would mount a serious challenge to compulsory health insurance.

"In 1997, the U.S. Supreme Court held that under the Constitution's system of dual sovereignty, states' 'retained sovereignty' empowers them to 'remain independent and autonomous within their proper sphere of authority,' " Will writes. "The court has been critical of the 'federalism costs' of intrusive federal policies and recently has twice vindicated state sovereignty."

Will adds that in 1994, the Congressional Budget Office said that compulsory health insurance would be "an unprecedented federal action" and that "the government has never required people to buy any good or service as a condition of lawful residence in the United States."