It is quite apparent that Obama’s health care bill was a piece of legislation that didn’t fulfill constitutional requirements. As pointed out in the Wall Street journal, you cannot force an individual to buy a certain product as it is a clear violation of the fundamental rights provided in the constitution. Obama has contradicted some of the many promises he made during campaigning and in some ways has persisted with policies of George Bush. Rights of states have also been disturbed and the equilibrium that was between the state and its citizens has also been affected. This bill has also burdened states with the additional task of reorganizing their health care plans and this task also requires a lot of funding.
Balkin’s views that this policy gives people a choice is flawed as government cannot force people to buy a commodity and then penalize them in the name of taxation if they fail to oblige. Barnett is correct in his inference that Congress knew the inherent weakness in this bill and they resorted to the taxation ploy rather than the Commerce clause interpretation. However, his belief that the bill would get repealed by its opponents seems unlikely to materialize.
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