WASHINGTON BUREAU – An Affordable Care Act provision requiring individuals to buy health insurance was called tyranny by some and an appropriate government function by others at a recent government hearing.
The provision is supposed to take effect in 2014.
Virginia Attorney General Ken Cuccinelli told the House Judiciary Committee that he believes the U.S. Supreme Court will rule against the constitutionality of the individual mandate.
“It will be close, but I believe they will,” Cuccinelli said.
Another, Randy Barnett, a Georgetown University law professor, predicted dire consequences would occur if the court rules in favor of the mandate.
“If this proposition is upheld, I submit, the relationship of the people to the federal government would fundamentally change: no longer would they fairly be called ‘citizens’, instead they would more accurately be described as ‘subjects,’” Barnett said.
In the United States, sovereignty rests with the citizenry, and the government is supposed to be the servant of the people, Barnett said.
Walter Dellinger, a Duke University law professor, called assertions that Congress lacks the authority to impose a mandate “astonishing.”
“When these lawsuits reach their final conclusion, that novel claim will be rejected,” Dellinger said.
Rep. Lamar Smith, R-Texas, the committee chairman, sided with
the mandate opponents.