Is the Affordable Health Care for America Act constitutional?
The U.S. Supreme Court has clearly interpreted the Constitution to allow Congress to regulate health care. In its 1942 decision of Wickard v. Filburn, the Court held that even if an activity is “local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce.” As Americans spent $2.2 trillion on health care in 2007, health care has a strong effect on interstate commerce and it is therefore constitutional for Congress to regulate it under Article I, Section 8 of the U.S Constitution.
