October 14, 2009: Key Senator Says Health Reform’s Individual Mandate Proposals Might Be Unconstitutional

Senator Charles Grassley (R-IA), one of the key Republicans in the health care debate (see August 12, 2009 and August 19, 2009), now says that any attempt by Congress to incorporate the so-called “individual mandate” might be unconstitutional. An individual mandate provision, under consideration by Grassley’s Finance Committee, would require Americans to purchase some form of health insurance. “[T]his is the first time in the 225-year history of our country that we have forced you as a constituent, any of our constituents, to buy a product,” he says. “You know, you’ve been free to buy or not buy. But now for the first time you’re going to have to buy health insurance. If you don’t buy it, IRS is going to tax a family $1,500.” Asked, “[I]s that constitutional, forcing somebody to buy it and punishing them through the IRS if they don’t?” Grassley replies: “I’m not a lawyer, but let me tell you, I’ve listened to some lawyers speak on this. And you know, it’s a relatively new issue. I don’t think we’ve ever had this issue before of having to buy something. And a lot of constitutional lawyers, saying it is unconstitutional or at least in violation of the 10th Amendment. Now maybe states can do this, but can the federal government? So, I have my doubts.” Progressive news and advocacy Web site Think Progress notes that in June 2009, Grassley said “there isn’t anything wrong with” mandates and that he believed there was “a bipartisan consensus to have individual mandates.” The site also notes that the US Constitution provides for the federal government’s right to enact wide-ranging regulatory programs, a power generally upheld by the Supreme Court. [NewsMax, 10/14/2009; Think Progress, 10/15/2009]